Draft: What’s Driving Deep Packet Inspection in Canada?

routingpacketsFor the past few weeks I’ve been working away on a paper that tries to bring together some of the CRTC filings that I’ve been reading for the past few months. This is a slightly revised and updated version of a paper that I presented to the Infoscape research lab recently. Many thanks to Fenwick Mckelvey for taking the lead to organize that, and also to Mark Goldberg for inviting me to the Canadian Telecom Summit, where I gained an appreciation for some of the issues and discussions that Canadian ISPs are presently engaged in.

Abstract:

Canadian ISPs are developing contemporary netscapes of power. Such developments are evidenced by ISPs categorizing, and discriminating against, particular uses of the Internet. Simultaneously, ISPs are disempowering citizens by refusing to disclose the technical information needed to meaningfully contribute to network-topology and packet discrimination discussions. Such power relationships become stridently manifest when observing Canadian public and regulatory discourse about a relatively new form of network management technology, deep packet inspection. Given the development of these netscapes, and Canadian ISPs’ general unwillingness to transparently disclose the technologies used to manage their networks, privacy advocates concerned about deep packet networking appliances abilities to discriminate between data traffic should lean towards adopting a ‘fundamentalist’, rather than a ‘pragmatic’, attitude concerning these appliances. Such a position will help privacy advocates resist the temptation of falling prey to case-by-case analyses that threaten to obfuscate these device’s full (and secretive) potentialities.

Full paper available for download here. Comments are welcome; either leave them here on the blog, or fire something to the email address listed on the first page of the paper.

Iran, Traffic Analysis, and Deep Packet Inspection

iranelectionLet me start with this: I am woefully ignorant and Iranian politics, and have no expertise to comment on it. I’ll save my personal thoughts on the matter for private conversations rather than embarrass myself by making bold and ignorant statements here. Instead, I want to briefly note and comment on how the Wall Street Journal (WSJ) is talking about Deep Packet Inspection (DPI) and the data traffic that is flowing in and out of Iran.

The WSJ has recently disclosed that Iranian network engineers are using DPI to examine, assess, and regulate content that is entering and exiting Iran. They note that the monitoring capacity was, at least in part, facilitated by infrastructure that was sold by Nokia-Simens. The article proceeds, stating that traffic analysis processes have been experimented with before, though this is the first major deployment of these processes that has captured the attention of the world/Western public. This is where things start getting interesting.

The article notes that;

The Iranian government had experimented with the equipment for brief periods in recent months, but it had not been used extensively, and therefore its capabilities weren’t fully displayed – until during the recent unrest, the Internet experts interviewed said.

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Canadian Telecom Summit and DPI

telecomtowerFor the past little while I’ve been (back) in Ontario trying to soak up as much information as I could about telecommunications and deep packet inspection. I was generously given the opportunity to attend the Canadian Telecommunications Summit by Mark Goldberg a while ago, and it was an amazing experience. I found that the new media panel, where broadcasters and carriers came together to discuss their (often contrasting) modes of disseminating content offered some real insights into the approaches to media on the ‘net. It demonstrated very clear contrasts in how new media might operate, and be seen by the Dominant Carriers, into focus for me and really began to provide a broader image of the actual strategies of various parties.

A huge element of the conference surrounded the development of wireless as the new space for innovation. Often unspoken, save for in informal discussions, was that wireline was seen as increasingly outmoded. Most statistics that were formally presented saw wireless overtaking wireline broadband by 2014 or so. This has me wondering about how important it is to examine capital expenses by major broadband providers – while we read that there is massive investment (totaling in the hundreds of millions/billions per year across all carriers), how much is in wireless and how much is in wireline infrastructure?

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DPI and Canadians’ Reasonable Expectations of Privacy

canadasupremecourt[Note – I preface this with the following: I am not a lawyer, and what follows is a non-lawyer’s ruminations of how the Supreme Court’s thoughts on reasonable expectations to privacy intersect with what deep packet inspection (DPI) can potentially do. This is not meant to be a detailed examination of particular network appliances with particular characteristics, but much, much more general in nature.]

Whereas Kyllo v. United States saw the US Supreme Court assert  that thermal-imaging devices, when directed towards citizens’ homes, did constitute an invasion of citizens’ privacy, the corresponding Canadian case (R. v. Tessling) saw the Supreme Court assert that RCMP thermal imaging devices did not violate Canadians’ Section 8 Chart rights (“Everyone has the right to be secure against unreasonable search or seizure”). The Court’s conclusions emphasized information privacy interests at the expense of normative expectations – thermal information, on its own, was practically ‘meaningless’ – which has led Ian Kerr and Jena McGill to worry that informational understandings of privacy invoke:

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Byte-Based Billing and Smart Pipes

cyberspacemapThere are worries that Internet Service Providers (ISPs) may inject intelligence into their networks to try and unfairly differentiate their services from competitors’. Time Warner’s recently reformed End User Licensing Agreement (EULA) may be the most recent demonstration of this kind of differentiation. The EULA recognizes a difference between third-party video streaming, and streaming content from Time Warner’s own network spaces, and authorizes Time Warner to:

…monitor my bandwidth usage patterns to facilitate the provision of the HSD Service and to ensure my compliance with the Terms of Use and to efficiently manage their networks and their provision of services. TWC or ISP may take such steps as each may determine appropriate in the event my usage of the HSD Service does not comply with the Terms of Use. I acknowledge that HSD Service does not include other services managed by TWC and delivered over TWC’s shared infrastructure, including Video Service and Digital Phone Service. (Source)

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UK Government Responds to Phorm Petition

ignoretextThe UK is in a bit of a bad row. According the BBC news site, today the Speaker of the Commons has stepped down, there is an Irish child abuse report coming due, and violence is rife in a failing prison. What hasn’t made BBC headlines, is that the Prime Minister’s office has made it clear that it will not look into British ISPs’ business arrangements with Phorm. After noting that the government is interested in shielding citizens’ privacy, the Prime Minister’s office notes,

ICO is an independent body, and it would not be appropriate for the Government to second guess its decisions.  However, ICO has been clear that it will be monitoring closely all progress on this issue, and in particular any future use of Phorm’s technology.  They will ensure that any such future use is done in a lawful, appropriate and transparent manner, and that consumers’ rights are fully protected (Source).

The Prime Minister’s office is unwilling to ‘second guess’ the ICO, and instead refers petitioners (there were about 21,000) to the ICO’s public statement about Phorm. In that publication (dated April 8, 2009), the ICO stated that that:

Indeed, Phorm assert that their system has been designed specifically to allow the appropriate targeting of adverts whilst rigorously protecting the privacy of web users. They clearly recognise the need to address the concerns raised by a number of individuals and organisations including the Open Rights Group (Source).

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