Reflections: Day Zero of ‘Life in a Digital Fishbowl’

200902022154.jpgI’m fortunate enough to be attending the 10th Annual Privacy and Security Conference, Life in a Digital Fishbowl, this year. Monday held ‘preconferences’, and I want to quickly summarize and reflect on the one that dealt with the 2010 Olympic games.

Two sessions were organized, with the first broadly focusing on infrastructure and privacy issues, and the second addressing the need to protect critical infrastructure and consider the ‘legacies’ of mega-events. In the first session, really began with a clear statement that terror threats have reoriented ‘domestic’ threats into the domain of national security and, as a result, a new mode of considering and engaging with security has emerged. As part of this new orientation, the Integrated Security Unit (ISU) has been created to coordinate security agencies across jurisdictional boundaries, but this creates jurisdictional problems. Who can compel what organization to turn over documents, data, and recorded discourse? What should be done when different agencies have very different conceptions of what must remain confidential? Effectively, how do you navigate the varying loyalties and lines of responsibility that members of the ISU hold?

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Review: Canadian Copyright – A Citizen’s Guide

200902012349.jpgFull disclosure, up front: I’m reviewing Canadian Copyright – A Citizen’s Guide (published through Between the Lines) as part of the Mini Book Expo. Now, on to the review…

Canadians are inundated with news about copyright on a regular basis. Where copyright was once a little spoken of technical subfield of law, it has blossomed into a vibrant and relevant facet of Canadian cultural discourse. Unfortunately, such discourse is often clouded by the ‘facts’ of copyright that accompany vast swathes of American media that is projected into Canada; discussions of fair use, the Recording Industry Association of America (RIAA), and the definitions of copyright infringement are regularly grounded in American legal statutes. This book offers itself as an accessible panacea that promises to reorient popular discussions of copyright in Canada.

The text is neatly divided into four parts; Ideas, Law, Practice, and Policy. I’ll address each in turn, noting what I appreciated, and what I found lacking (where appropriate). Given that I spend a little bit of time reading and thinking about copyright, I’ll scatter some comments through the review.

Part I – Ideas

This section of the book is meant to give some background to copyright today. It begins by broadly distinguishing between natural rights-based and utilitarian arguments for the value of intellectual property broadly, and copyright specifically. At the same time, the authors recognize copyright as a means to make non-exclusive property (i.e. ideas) exclusive property; copyright functions to cordon off particular ‘things’ from the public. With this theory behind them, they delve into the history of Canadian copyright by examining the traditions of Britain, the United States (US), and France – copyright law in Canada is found at the crossing of these various legal traditions. While the historical basis of copyright often find themselves into texts on the subject, even elementary theory is often hidden from view – the authors should be congratulated for even taking a stab at the theory behind copyright. Given that the book is meant for a general audience, it’s hard to fault them for not digging into the theory too deeply.

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Update: Manitoba and EDLs

200902011558.jpgFirst, and totally off-topic: I had no idea just how beautiful the Manitoba legislative buildings were!

Now, on-topic. Manitoba is moving forward with its planned deployment of EDLs, with residents of the province being able to apply for the card starting February 2nd, 2009. The government has apparently been working with the privacy ombudsman, but to date I haven’t found anything about those consultations. Perhaps this is another time where Access to Information claims need to be made?

Summary: CRTC PN 2008-19; Requests for Public Disclosure Filings

I’ve just completed a summary document that pulls together the requests for disclosure from the various advocacy groups currently involved in the CRTC’s PN 2008-19 (ISP Internet Management Techniques). A few things that I found of interest:

  1. TELUS is being used as a lever against the other ISPs; the common metric is “TELUS released all this information in public, so what justification can the rest of the ISPs have for filing in confidence?”
  2. Public Interest Advocacy Center (PAIC) really focused on Bell and Rogers, and noted repeatedly that Bell has filed items in confidence in this public notice that it had been forced to file in public previously. Also, where Bell could claim confidentiality last time (Canadian Association of Internet Providers [CAIP] v Bell), this isn’t the case now because all the major ISPs will be forced to show their hands at the same time.
  3. Without historical and projected growth, it is impossible for public groups to argue whether or not current managing practices are appropriate. This data needs to be released so that they can fully response to the CRTC’s public notice.
  4. The Campaign for Democratic Media (CDM) is willing to have all of the ISPs’ traffic aggregated, so long as it is disclosed publicly what the trends are.
  5. CDM notes that without information on the top 5% and 10% of users, that it is impossible to ascertain what their actual impact on total bandwidth has been.
  6. CAIP, PAIC, and the Canadian Film and Television Production Association (CFTPA) all argue that it is important for clear, technical, explanations of congestion be provided – without this, it is challenging to effectively interrogate what is, or isn’t, happening on ISPs’ networks.
  7. PIAC stands that, if Bell didn’t have a congestion metric in place prior to January 2007 then they should be obligated to disclose information in public on the basis that their definitions of congestion need to be examined more closely than others (unstated, but this is in part because they are such a major player in Canada).
  8. CFTPA holds that Bell’s networking diagram is good, because it offers specifics into their network. In light of Bell’s submission, other parties should submit similarly detailed diagrams, with devices clearly labeled, so that members of the public can meaningfully comment on whether the network components use by ISPs are adequate or not.
  9. CAIP, CDM, PAIC, and CFTPA all maintain that knowing what products are being used to manage Internet traffic is critical – without this information it is challenging to actually comment on how throttling is occurring. CDM raises the privacy issue with DPI.

Deep Packet Inspection Analogies

In reading through the recent CRTC filings, something that has been striking me is that the ‘regular’ metaphor for how Deep Packet Inspection (DPI) technologies work seems a bit awkward. When you send packets of data along the ‘net, they are broadly composed of a header and a payload. The metaphor goes as follows: the header is like the addressing information on an envelop, and the payload is the actual letter in the envelop. DPI opens the envelop, sees the content of the letter, examines it, reseals it, and then passes the letter along to its destination (assuming that the contents aren’t of a type that shouldn’t be sent onwards).

I like the metaphor because of its power, but at the same time I have to wonder about its accuracy, at least in the Canadian situation. When reading the ISP’s CRTC filings, I keep reading that they use DPI devices for flow analysis – they’re not looking for the content of your email, they just want to identify whether you’re sending email or an instant message. Rather than assume that the ISPs are being duplicitous, why not reconsider the metaphor to see if it can’t be developed to distinguish between different usages of DPI equipment.

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Comment: Canadian ISPs and Internet Traffic Management

I’ve recently put up a document that summarized most of the first round of filings for the CRTC’s investigation of Canadian ISP traffic management practices (PN 2008-19), and thought that I’d post a few things that I thought were most interesting (for me). Keep in mind that many of my interests revolve around deep packet inspection.

Network Use Averages

  1. Bell filed their specific data points in confidence, though from what they provided we can see that the top 5% of usage on the network has declined from 61.1% to 46.6%, and the top 10% of network usage has declined from 77.1% to 62.6%.
  2. In TELUS’ case, we find that their retail customers have decreased the amount of content they are uploading, though they are downloading more. Their wholesale customers are both downloading and uploading more than in 2006. Specific traffic data was filed in confidence to the CRTC.
  3. Bell finds that P2P and HTTP/Streaming traffic are the most commonly used end-user categories that contribute to bandwidth usage.

Canadian ISPs Admitting to Traffic Management

  1. Bell Wireline (excludes Bell Mobility and Bell Aliant Atlantic). DPI technology is used, though the vendor and products are filed in confidence.
  2. Cogeco uses DPI, but has filed the vendor and products in confidence.
  3. Rogers filed their comments in confidence, but from past information that has emerged we know that they are using DPI equipment.
  4. Shaw Communications Inc. uses Arbor-Ellacoya devices, though the particular products are filed in confidence.
  5. Barrett Xplore Inc. Uses VoIP prioritization, provisioning of modems, and DPI. Specifics are filed in confidence.
  6. While not explicitly stated, is appears as though Bragg Communications Ltd. also uses DPI.

Canadian ISPs Not Using Traffic Management

  1. MTS Allstream Inc.
  2. SaskTel (though they do use Arbor Peakflow SP, dominantly for network security purposes)
  3. Primus Telecommunications Canada Inc.
  4. Telus

What is Being Filtered/Throttled?

  1. Bell acknowledges that they do throttle traffic between 1630 and 0200 each day by limiting bandwidth available to P2P applications. A detailed listing of applications is not publicly mentioned.
  2. Cogeco currently uses management technologies against: eDonkey/eMule, EmuleEncrypted, Kazaa, Fast Track KaZaA Networking, Napster, Bittorrent, Dijjer, Manolito, Hotline, Share, Soulseek, v-share, Zattoo, Joost, KuGoo, Kuro, DHT, Commercial File Sharing, Baidu Movie, Club Box, Winny, Gnitella, Gnutella Networking, WinMX, Direct Connect, PeerEnabler, Exosee, Further, Filtopia, Mute, NodeZilla, waste, Warez, NeoNet, PPLiveStream Misc, BAIBAO, POCO, Entropy, Rodi, Guruguru, Pando, Soribada, Freenet, PacketiX, Feidian, AntsP@P, Sony Location Free, thunder, Web Thunder. They only look at the specific signature of P2P applications.
  3. Rogers “looks at header information embedded in the payload and session establishment procedures.” What is unclear to me is how they are suggesting that header information is embedded in the payload itself – these are two separate spaces in packets, as I understand networking 101. Specifics P2P that are filtered is not mentioned, though they only concentrate on uploaded content.
  4. Shaw doesn’t say – they’ve filed their findings in confidence.
  5. Barrett doesn’t say – they’ve filed their findings in confidence.
  6. Bragg targets: Bittorrent, News, DirectConnect, Blubster, gnutella, KaZaA, WinMX, eDonkey, Filetopia, Hotline, GuruGuru, Soribada, Soulseek, Ares, JoltID, eMule, Waste, Konspire2b, ExoSee, FurtherNet, MUTE, GNUnet, Nodezilla. Bragg focuses on the packet headers and the behaviour of packet exchanges, and avoiding learning about the content of packet flows.

Under What Conditions Non-Management ISPs Would Manage Their Networks

  1. MTS Allstream notes that only if a capital investment analysis found traffic management technologies to lead to enhanced revenue would they invest in management technologies.
  2. SaskTel has three conditions that would lead them to adopt management technologies: (a) customer demand outstrips capacity and augmentation could not be economically accomplished; (b) if competitive forces require the introduction of alternate service definitions; (c) if there was a need to enforce the aUP so that there was sufficient network capacity for end-users.
  3. TELUS does not currently use management technologies such as DPI, and has no plans to do so.

There is more in the document that is of note, but insofar as it pertains to DPI I thought that these were probably core points that people would be interested in.