On a Social Networking Bill of Rights

I attended this year’s Computers, Freedom, and Privacy conference and spent time in sessions on privacy in large data sets, deep packet inspection and network neutrality, the role of privacy in venture capital pitches, and what businesses are doing to secure privacy. In addition, a collection of us worked for some time to produce a rough draft of the Social Network Users’ Bill of Rights that was subsequently discussed and ratified by the conference participants. In this post, I want to speak to the motivations of the Bill of Rights, characteristics of social networking and Bill proper, a few hopeful outcomes resulting from the Bill’s instantiation and conclude by denoting a concerns around the Bill’s creation and consequent challenges for moving it forward.

First, let me speak to the motivation behind the Bill. Social networking environments are increasingly becoming the places where individuals store key information – contact information, photos, thoughts and reflections, video – and genuinely becoming integrated into the political. This integration was particularly poignantly demonstrated last year when the American State Department asked Twitter to delay upgrades that would disrupt service and stem the information flowing out of Iran following the illegitimate election of President Ahmadinejad. Social networks have already been tied into the economic and social landscapes in profound ways: we see infrastructure costs for maintaining core business functionality approaching zero and the labor that was historically required for initiating conversations and meetings, to say nothing of shared authorship, have been integrated into social networking platforms themselves. Social networking, under this rubric, extends beyond sites such as Facebook and MySpace, and encapsulate companies like Google and Yahoo!, WordPress, and Digg, and their associated product offerings. Social networking extends well beyond social media; we can turn to Mashable’s collection of twenty characteristics included in the term ‘social networking’ for guidance as to what the term captures:

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Review: Apple iPad

I pre-ordered the iPad  as soon as I could and unpacked it the day that I returned from a trip to South America (that saw me miss its actual delivery). I’ve had the device for over a month now, have been actively using it, and wanted to offer my impressions. Those impressions, I will note, are significantly conditioned by the reasons that I bought the device, which I’ll outline. I’ll first briefly address the actual hardware and operating system of the device, then move to what I like and dislike about the product. Ultimately, I’m happy with the device and have absolutely no regrets in getting this particular first-gen Apple product.

The screen, ergonomics, and weight are all fine. It’s using an IPS-LCD, which means that viewing angles are good and colour reproduction is pretty faithful. While some have criticized the back for being slightly rounded, it hasn’t bothered me in any way, nor has the weight of 1.5lbs struck me as ‘heavy’ though the device is heavier than appearances might lead one to believe. There is a bezel surrounding the screen itself and it makes sense: I can rest my hands on the non-interactive bezel without affecting whatever I’m displaying on the screen. This is a good thing. the iPad has the same touch interface as the iPhone and iPod Touch. This makes the iPad simple to use, if lacking any deviant features from those earlier devices (and, with the release of iOS 4, the iPad actually has slightly fewer features than the iPhone or Touch). In light of its use of the older 3.2 release of the OS, the iPad is horrible if you rely on multiple windows being open to get work done and is a poor choice for any content producer looking to do a lot of work on it that will see you flipping between a document/content production editor and the web. In effect, anyone who’s tried doing intensive content production on the iPhone or Touch will largely encounter the same old problems here. I’m not saying that you can’t do such production, but it’s far less convenient than on a full desktop/notebook or even netbook. On the upside: the device is light and battery life is good (I tend to go for 36-72 hours without needing to plug in, with moderate to heavy use each day).

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Kinder DRM Still Undermines Digital Abundance

We live in an era of digital abundance, an era where we can genuinely rethink the underlying economics of information creation and dissemination as the cost of creation, storage, and dissemination infrastructures approach zero. Against fears that this threatens to ‘undermine’ content production we see the rise in the quantity of content that is produced and, correspondingly, a rise in novel approaches to profit from the generation of that content in an abundant bitscape. We should resist efforts to undermine abundance through Digital Rights Management protocols.

As reported by Ars Technica, the IEEE is developing a novel kind of DRM that would see ‘content’ folders encrypted and only accessible after individuals used decryption keys to access that content. For rights holders and some content producers, this is seen as having the merit of securing their ‘goods’ by attempting the replicate the scarcity of atoms in the bitscape. Consumers would ‘benefit’ because they would not longer have to deal with onerous licensing terms: they would own the keys and the keys would have value because of their capacity to ‘open’ content streams. Of course, this would also introduce the pain in the ass of key management, something that few consumers are likely to want to suffer through any more than the already existing consumer ‘protection’ measures they regularly encounter.

The IEEE’s motivations behind this DRM system are to remedy problems caused by non-rivalrous digital content. Paul Sweazey has stated that;

…a truly non-rivalrous system makes commerce too difficult, even impossible, and that we need to create ways for the digital world to mirror the constraints of the physical one.

The creation of this rivalrous system is seen as a ‘middle road’ between advocates of abundance and total DRM lockdown. I would suggest that what we’re really seeing is just another attempt to undermine (arguably) the most significant quality of the bitscape, which is the capacity to replicate information across networks spanning the globe without diminishing the ‘holdings’ of whomever held the original copy. Moreover, it demonstrates a continued unwillingness and/or inability to experiment with novel business models that, while perhaps reducing overall revenue compared to past years/decades, will enable companies to continue delivering profits in the long-term. Value continues to be perceived as existing in the sales of digital things, and instead of seeking out novel ways to extract derivative value from their ubiquitous existence resulting from widespread copying there is an attempt to totally monetize all copies. This is in defiance of demonstrably successful freemium strategies, as well as other related schemes that work to gain widespread brand awareness and capitalize off the sale of rivalrous goods to a small percentage of users. 

I have incredible doubts that any key system will remain secure over the long-haul (and, by long-haul, I mean just 10-20 days of the system being deployed). There are just too many parties that will do everything in their power to break the encryption and key management system, and history has proven that the attackers tend to far outstrip the defenders in the field of content protection algorithms. Central is that technological security systems tend to be incredibly brittle, fail poorly, and enable modes of attack that relatively ineffective against human-based security. Schneier, in his 2006 book Beyond Fear, notes that;

Technology gives attackers leverage because they can do more in an attack. Class breaks give attackers leverage because they can exploit one vulnerability to attack every system within a class. Automation gives attackers leverage because they can exploit vulnerabilities a million times.. Technique propagation gives attackers leverage because now they can try more attacks, including ones they can’t even understand. Action at a distance and aggregation also give attackers leverage because now there are many more potential targets (p. 99).

A DRM scheme that aims to use encryption keys to establish digital bits as rivalrous will fall prey to each of the items noted in that quotation.

Making customers screw around with encryption keys, have adequate key management systems, always requiring connections to the ‘net to access keys, or any other ways that engineers imagine customers dealing with key management is almost destined to fail. Engineers are, in this case, trying to stuff the genie back in a bottle instead of working with progressive MBAs and innovators who are trying to create (and often, though certainly not always, succeeding) novel business models that leverage add-on services, scarce extras, and other things that are genuinely exclusive to monetize digital distribution systems. Focusing on protection, in this case, is the dead wrong way to to and highly unlikely to do much other than waste a lot of people’s time that could otherwise be productively exercised.

Packet Headers and Privacy

One of the largest network vendors in the world is planning to offer their ISP partners an opportunity to modify HTTP headers to get ISPs into the advertising racket. Juniper Networks, which sells routers to ISPs, is partnering with Feeva, an advertising solutions company, to modify data packets’ header information so that the packets will include geographic information. These modified packets will be transmitted to any and all websites that the customer visits, and will see individuals receive targeted advertisements according to their geographical location. Effectively, Juniper’s proposal may see ISPs leverage their existing customer service information to modify customers’ data traffic for the purposes of enhancing the geographic relevance of online advertising. This poses an extreme danger to citizens’ locational and communicative privacy.

Should ISPs adopt Juniper’s add-on, we will be witnessing yet another instance of repugnant ‘innovation’ that ISPs are regularly demonstrating in their efforts to enhance their revenue streams. We have already seen them forcibly redirect customers’ DNS requests to ad-laden pages, provide (ineffective) ‘anti-infringement’ software to shield citizens from threats posed by three-strikes laws, and alter the payload content of data packets for advertising. After touching the payload – and oftentimes being burned by regulators – it seems as though the header is the next point of the packet that is to be modified in the sole interest of the ISPs and to the detriment of customers’ privacy.

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Apple and Locational Data Sharing

Apple’s entrance into the mobile advertising marketplace was born with their announcement of iAd. Alongside iAd comes persistent locational surveillance of Apple’s customers for the advantage of advertisers and Apple. The company’s advertising platform is controversial because Apple gives it a privileged position in their operating system, iOS4, and because the platform can draw on an iPhone’s locational awareness (using the phone’s GPS functionality) to deliver up targeted ads.

In this post I’m going to first give a brief background on iAd and some of the broader issues surrounding Apple’s deployment of their advertising platform. From there, I want to recap what Steve Jobs stated in a recent interview at the All Things Digital 8 concerning how Apple approaches locational surveillance through their mobile devices and then launch into an analysis of Apple’s recently changed terms of service for iOS4 devices as it relates to collecting, sharing, and retaining records on an iPhone’s geographic location. I’ll finish by noting that Apple may have inadvertently gotten itself into serious trouble as a result of its heavy-handed control of the iAd environment combined with modifying the privacy-related elements of their terms of service: Apple seems to have awoken the German data protection authorities. Hopefully the Germans can bring some transparency to a company regularly cloaked in secrecy.

Apple launched the iAd beta earlier this year and integrates the advertising platform into their mobile environment such that ads are seen within applications, and clicking on ads avoids taking individuals out of the particular applications that the customers are using. iAds can access core iOS4 functionality, including locational information, and can be coded using HTML 5 to provide rich advertising experiences. iAd was only made possible following Apple’s January acquisition of Quattro, a mobile advertising agency. Quattro was purchased after Apple was previously foiled in acquiring AdMob by Google last year (with the FTC recently citing iAd as a contributing reason why the Google transaction was permitted to go through). Ostensibly, the rich advertising from iAds is intended to help developers produce cheap and free applications for Apple’s mobile devices while retaining a long-term, ad-based, revenue stream. Arguably, with Apple taking a 40% cut of all advertising revenue and limiting access to the largest rich-media mobile platform in the world, advertising makes sense for their own bottom line and its just nice that they can ‘help’ developers along the way… Continue reading

The Consumable Mobile Experience

We are rapidly shifting towards a ubiquitous networked world, one that promises to accelerate our access to information and each other, but this network requires a few key elements. Bandwidth must be plentiful, mobile devices that can engage with this world must be widely deployed, and some kind of normative-regulatory framework that encourages creation and consumption must be in place. As it stands, backhaul bandwidth is plentiful, though front-line cellular towers in American and (possibly) Canada are largely unable to accommodate the growing ubiquity of smart devices. In addition to this challenge, we operate in a world where the normative-regulatory framework for the mobile world is threatened by regulatory capture that encourages limited consumption that maximizes revenues while simultaneously discouraging rich, mobile, creative actions. Without a shift to fact-based policy decisions and pricing systems North America is threatened to become the new tech ghetto of the mobile world: rich in talent and ability to innovate, but poor in the actual infrastructure to locally enjoy those innovations.

At the Canadian Telecom Summit this year, mobile operators such as TELUS, Wind Mobile, and Rogers Communications were all quick to pounce on the problems facing AT&T in the US. AT&T regularly suffers voice and data outages for its highest-revenue customers: those who own and use smart phones that are built on the Android, WebOS (i.e. Palm Pre and Pixi), and iOS. Each of these Canadian mobile companies used AT&T’s weaknesses to hammer home that unlimited bandwidth cannot be offered along mobile networks, and suggested that AT&T’s shift from unlimited to limited data plans are indicative of the backhaul and/or spectrum problems caused by smart devices. While I do not want to entirely contest the claim that there are challenges managing exponential increases in mobile data growth, I do want to suggest that technical analysis rather than rhetorical ‘obviousness’ should be applied to understand the similarities and differences between Canadian telcos/cablecos and AT&T.

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