Deep Packet Inspection and the Discourses of Censorship and Regulation

boredomIn the current CRTC hearings over Canadian ISPs’ use of Deep Packet Inspection (DPI) to manage bandwidth, I see two ‘win situations’ for the dominant carriers:

  1. They can continue to throttle ‘problem’ applications in the future;
  2. The CRTC decides to leave the wireless market alone right now.

I want to talk about the effects of throttling problem applications, and how people talking about DPI should focus on the negative consequences of regulation (something that is, admittedly, often done). In thinking about this, however, I want to first attend to the issues of censorship models to render transparent the difficulties in relying on censorship-based arguments to oppose uses of DPI. Following this, I’ll consider some of the effects of regulating access to content through protocol throttling. The aim is to suggest that individuals and groups who are opposed to the throttling of particular application-protocols should focus on the effects of regulation, given that it is a more productive space of analysis and argumentation, instead of focusing on DPI as an instrument for censorship.

Let’s first touch on the language of censorship itself. We typically understand this action in terms of a juridico-discursive model, or a model that relies on rules to permit or negate discourse. There are three common elements to this model-type:

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Economics of Authenticity on Twitter

BerealI’m on Twitter all the time; it’s central to how I learn about discussions taking place about Deep Packet Inspection, a good way of finding privacy-folk from around the world, and lets me feel semi-socialized even though I’m somewhat reclusive. When I use the social networking service, I intersperse bits of ‘me’ (e.g. This wine sucks!) beside news articles I’ve found and believe would be useful to my colleagues, and add in some (attempts at) humor. In this sense, I try to make my Twitter feed feel ‘authentic’, meaning that it is reasonably reflective of how I want to present myself in digital spaces. Further, that presentation resonates (to varying extents) with how I behave in the flesh.

When you hear social-media enthusiasts talk about their media environment, authenticity (i.e. not pretending to be someone/something you’re really, absolutely, not) is the key thing to aim for. Ignoring the amusing Heideggerian implications of this use of authenticity (“How very They!), I think that we can take this to mean that there is a ‘currency’ in social media called ‘authenticity’. There are varying ways of gauging this currency. Continue reading

Facebook Got Off Easy: Third-Parties and Data Collection

datadestroyI’m on Facebook, and have been for years. I also dislike Facebook, and have for several years. I don’t dislike the social networking service because it’s bad at what it aims to do, but because it’s far too good at what it does. Let’s be honest: Facebook does not exist to ‘help me connect to my friends’. Maybe that was its aim when it was first dreamt up, but the current goal of Facebook is to make money from my data. Part of this involves Facebook mining my data, and another (and more significant) part entails third-party developers mining my data. I want to think out loud about this latter group and their practices.

A core issue (amongst several others) that Office of the Privacy Commissioner of Canada (OPC) raised in their recent findings about Facebook focused on the data that third-party application developers gain access to when an individual installs an Facebook application. Before getting into this in any depth, I just want to recognize the full range of information that application developers can call on using the Facebook API: Continue reading

Background to North American Politics of Deep Packet Inspection

crtc566The CRTC is listening to oral presentations concerning Canadian ISPs’ use of Deep Packet Inspection (DPI) appliances to throttle Canadians’ Internet traffic. Rather than talk about these presentations in any length, I thought that I’d step back a bit and try to outline some of the attention that DPI has received over the past few years. This should give people who are newly interested in the technology an appreciation for why DPI has become the focus of so much attention and provide paths to learn about the politics of DPI. This post is meant to be a fast overview, and only attends to the North American situation given that it’s what I’m most familiar with.

Massive surveillance of digital networks took off as an issue in 2005, when the New York Times published their first article on the NSA’s warrantless wiretapping operations. The concern about such surveillance brewed for years, but (in my eyes) really exploded as the public started to learn about the capacities of DPI technologies as potential tools for mass surveillance.

DPI has been garnering headlines in a major way in 2007, which has really been the result of Nate Anderson’s piece, “Deep packet inspection meets ‘Net neutrality, CALEA.” Anderson’s article is typically recognized as the popular news article that put DPI on the scene, and the American public’s interest in this technology was reinforced by Comcast’s use of TCP RST packets, which was made possible using Sandvine equipment. These packets (which appear to have been first discussed in 1981) were used by Comcast to convince P2P clients that the other client(s) in the P2P session didn’t want to communicate with Comcast subscriber’s P2P application, which led to the termination of the data transmission. Things continued to heat up in the US, as the behavioural advertising company NebuAd began partnering with ISPs to deliver targeted ads to ISPs’ customers using DPI equipment. The Free Press hired Robert Topolski to perform a technical analysis of what NebuAd was doing, and found that NebuAd was (in effect) performing a man-in-the-middle attack to alter packets as they coursed through ISP network hubs. This report, prepared for Congressional hearings into the surveillance of Americans’ data transfers, was key to driving American ISPs away from NebuAd in the face of political and customer revolt over targeted advertising practices. NebuAd has since shut its doors. In the US there is now talk of shifting towards agnostic throttling, rather than throttling that targets particular applications. Discrimination is equally applied now, instead of honing in on specific groups.

In Canada, there haven’t been (many) accusations of ISPs using DPI for advertising purposes, but throttling has been at the center of our discussions of how Canadian ISPs use DPI to delay P2P applications’ data transfers. Continue reading

Deep Packet Inspection and Law Enforcement

rcmpCandace Mooers asked me a good question today about deep packet inspection (DPI) in Canada. I’m paraphrasing, but it was along the lines of “how might DPI integrate into the discussion of lawful access and catching child pornographers?” I honestly hadn’t thought about this, but I’ll recount here what my response was (that was put together on the fly) in the interests of (hopefully) generating some discussion on the matter.

I’ll preface this by noting what I’ve found exceptional in the new legislation that was recently presented by the Canadian conservative government (full details on bill C-47 available here, and C-46 here) is that police can require ISPs to hold onto particular information, whereas they now typically required a judicial warrant to compel ISPs to hold onto particular data. Further, some information such as subscriber details can immediately be turned over to police, though there is a process of notification that must immediately followed by the officers making the request. With this (incredibly brief!) bits of the bills in mind, it’s important for this post to note that some DPI appliances are marketed as being able to detect content that is under copyright as it is transferred. Allot, Narus, ipoque, and more claim that this capacity is built into many of the devices that they manufacture; a hash code, which can be metaphorically thought of like a digital fingerprint, can be generated for known files under copyright and when that fingerprint is detected rules applied to the packet transfer in question. The challenge (as always!) is finding the processor power to actually scan packets as they scream across the ‘net and properly identify their originating application, application-type, or (in the case of files under copyright) the actual file(s) in question.

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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.