UK Copyright: Businesses > Citizens?

Last week Ofcom provided information about its proposed three-strike scheme for punishing those accused of copyright violation. This provision is baked into the DNA of the UK’s newly minted Digital Economy Act (DEA). Out of the information provided, we learn that business interests trump citizen interests in the provision of free and open wifi networks. In the case of businesses:

Where a Wi-Fi network is provided in conjunction with other goods or services to a customer, such as a coffee shop or a hotel, our presumption is that the provider is within the definition of internet service provider.

This can (and should) be juxtaposed against how an individual person/subscriber might experience the legal ramifications of providing an open Wi-Fi network:

We consider that a person or an undertaking receiving an internet access service for its own purposes is a subscriber, even if they also make access available to third parties … Those who wish to continue to enable others to access their service will need to consider whether [to] take steps to protect their networks against use for infringement, to avoid the consequences that may follow.

The ‘clear’ (read necessary, but absurd) response should be for most homes (let’s say any with Internet access) to immediately allocate some part of the house to a ‘service business’ and start up a family business. The services and goods provided can be minimal, and presumably few will actually take homes up on their offers, and by becoming businesses of some ilk that provide ‘free and open’ Internet the home’s occupants will be shielded from the threat of copyright infringement and digital excommunication. 

Hmm…perhaps the ‘more clear’ (read: what should be done, and thus is totally unrealistic) solution is to get rid of the DEA and re-write it using an evidence-based policymaking approach that draws on objective third-party studies. Of course, while asking for absurdities like evidence-based policy around copyright, I might as well also add to the list world peace and the end of human rights abuses…

Forrester Needs to Rethink on Privacy

Forrester has come out with a report that, in Susana Schwartz’s summary, “suggests that more should be done to integrate data about [ISPs’] customers’ online behaviours to offline systems.” In effect, to assist ISPs monetize their networks they need to aggregate a lot more data, in very intelligent ways. The killer section of the actual report is summarized by a Forrester researcher as follows;

“By integrating online and offline data, operators and their enterprise customers could add information about customers’ online behaviors to existing customer profiles so that CSRs could more efficiently handle calls and provide more relevant cross sell/upsell opportunities,” Stanhope said. “So much of the customer experience now comes from online activities that there is a huge repository of data that should be pushed deeper into enterprises for insights about interactions; enterprises collect so much data about what people do and see on their Web sites, yet they do little to draw insight.”

The aim of this is to ‘help’ customers find services they unknowingly are interested in, while making ‘more intelligence’ available to customer service representatives when customers call in. We’re talking about a genuinely massive aggregation of data that goes through ISP gateways and a dissolution of Chinese firewalls that presently segregate network logs with (most) subscriber information. Just so you don’t think that I’m reading into this too deeply, Stanhope (a senior analyst of consumer intelligence with Forrester Research) said to Schwartz:

Our clients are starting to plan for and lay the technical foundational by looking at how to bring together disparate environments, like CRM databases and customer databases, and then what they have to do to gather Web data, social media and search data so they can leverage what they already have … Many are now starting to look at how that can be a hub for Web data, which can be leveraged by other systems.

It’s this kind of language that gets privacy advocates both annoyed and worried. Annoyed, because such a massive aggregation and usage of personal data would constitute a gross privacy violation – both in terms of national laws and social norms – and worried because of the relative opaque curtain separating their investigations from the goings-on of ISPs. When we read words such as Stanhope’s, correlate it with the vendor-speak surrounding deep packet inspection, and look at the technology’s usage in developing consumer profiles, there is a feeling that everyone is saying that DPI won’t and can’t be used for massive data aggregation as configured…but it could and (Stanhope hopes) likely will once the time is right.

Canada has a strong regulatory position against the use of DPI or other network forensics for the kind of actions that Stanhope is encouraging. This said, given that ‘research’ groups like Forrester along with other parties that pitch products to ISPs are making similar noises (as demonstrated at last year’s Canadian Telecom Summit) a nagging pit in my stomach reminds me that constant vigilance is required to maintain those regulatory positions and keep ISPs from bitting into a very profitable – but poisonous for Canadians’ privacy – apple.

Cisco Brings Targeted Ads Home

Linksys has adopted a horrible approach to further monetizing the digital ecosystem; some of their routers now hijack 404 pages to deliver advertising! This leads me to ask: when customers are sold automatic advertising + networking gear should they really be required to pay for the router? It seems like most users (i.e. those who won’t go any further than running the default system to set up their wireless networks) are going to be in a situation where they pay cash for a device AND subsequently have to put up with obnoxious advertisements.

While a freemium model for the sale of hardware (i.e. get the router for free + advertising, and evade advertising with either a one-off or monthly payment plan) is interesting, setting defaults so that people are both paying for a piece of hard and increasing third-parties’ revenue streams by being forced to view ads is just wrong.

Integrating Posterous

While I tend to write long-form (i.e. 1000-2500 word) blog posts at  Technology, Thoughts, and Trinkets, I’ve decided to set up a posterous account so facilitate ‘quick thoughts’ on items that are interesting but either don’t have enough substance to propel a full long-form piece or that I just don’t have the time to really dig into. I’ll be testing the integration of posterous and my regular blog for the next few months to get a feel for things; if regular readers at Technology, Thoughts, and Trinkets find this exceedingly annoying let me know.

Posterous writings will often be more reactionary, perhaps more biting, and much, much shorter. Think of them as direct conversation pieces!

Update: Given some problems with Posterous, I’ve switched over to Tumblr instead.

DoubleClick, Cookies, and Personal Information

The web operates the way it does, largely, because there is a lot of money to be made in the digitally-connected ecosystem. Without the revenues brought in by DoubleClick, as an example, Google would likely be reluctant to provide its free services that are intended to bring you into Google’s ad-serving environment. A question that needs to be asked, however, is whether DoubleClick and related ad delivery systems: (a) collect personal information; (b) if the answer to (a) is “yes”, then whether such collections might constitute privacy infringements.

In the course of this post, I begin by outlining what constitutes personal information and then proceed to outline DoubleClick’s method of collecting personal information. After providing these outlines, I argue that online advertising systems do collect personal information and that the definitions that Google offers for what constitutes ‘personal information’ are arguably out of line with Canadian sensibilities of what is ‘personal information’. As a result, I’ll conclude by asserting that violations may in fact be occurring, with the argument largely emerging from Nissembaum’s work on contextual integrity. Before proceeding, however, I’ll note that I’m not a lawyer, nor am I a law student: what follows is born from a critical reading of information about digital services and writings from philosophers, political scientists, technologists and privacy commissioners. Continue reading

Review: Delete – The Virtue of Forgetting in the Digital Age

Viktor Mayer-Schonberger’s new book Delete: The Virtue of Forgetting in the Digital Age (2009) is a powerful effort to rethink basic principles of computing that threaten humanity’s epistemological nature. In essence, he tries get impress upon us the importance of adding ‘forgetfulness’ to digital data collection process. The book is masterfully presented. It draws what are arguably correct theoretical conclusions (we need to get a lot better at deleting data to avoid significant normative, political, and social harms) while drawing absolutely devastatingly incorrect technological solutions (key: legislating ‘forgetting’ into all data formats and OSes). In what follows, I sketch the aim of the book, some highlights, and why the proposed technological solutions are dead wrong.

The book is concerned with digital systems defaulting to store data ad infinitum (barring ‘loss’ of data on account of shifting proprietary standards). The ‘demise of forgetting’ in the digital era is accompanied by significant consequences: positively, externalizing memory to digital systems preserves information for future generations and facilitates ease of recalls through search. Negatively, digital externalizations dramatically shift balances of power and obviate temporal distances. These latter points will become the focus of the text, with Mayer-Schonberger arguing that defaulting computer systems to either delete or degrade data over time can rebalance the challenges facing temporal obviations that presently accompany digitization processes. Continue reading