Digital Crises and Internet Identity Cards

Something that you learn if you (a) read agenda-setting and policy laundering books; (b) have ever worked in a bureacratic environment, is that it’s practically criminal to waste a good crisis. When a crisis comes along various policy windows tend to open up unexpectedly, and if you have the right policies waiting in the wings you can ram through proposals that would otherwise be rejected out of hand. An example: the Patriot Act wasn’t written in just a few days; it was presumably resting in someone’s desk, just waiting to be dusted off and implemented. 9/11 was the crisis that opened the policy windows required to ram that particular policy through the American legislative system. Moreover, the ‘iPatriot’ Act, it’s digital equivalent, is already written and just waiting in a drawer for a similar crisis. With the rhetoric ramping up about Google’s recent proclamations that they were hacked by the Chinese government (or agents of that government), we’re seeing bad old ideas surfacing once again: advocates of ‘Internet Identity Cards’ (IICs) are checking if these cards’ requisite policy window is opening.

The concept of IICs is not new: in 2001 (!) the Institute of Public Policy Research suggested that children should take ‘proficiency tests’ at age 11 to let them ‘ride freer’ on the ‘net. Prior to passing this ‘test’ children would have restrictions on their browsing abilities, based (presumably) on some sort of identification system. The IIC, obviously, didn’t take off – children aren’t required to ‘license up’ – but the recession of the IIC into the background of the Western cyberenvironment hasn’t meant that either research and design or infrastructure deployment for these cards has gone away. Who might we identify as a national leader of the IIC movement, and why are such surveillance mechanisms likely incapable of meeting stated national policy objectives but nevertheless inevitable?

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Will Copyright Kill eHealth?

bodyworldsThere is a metric ton of cash that’s being poured into eHealth initiatives, and to date it doesn’t appear that governments are recognizing the relationship between copyright law and eHealth. That makes a lot of sense in some ways – when most of us think ‘medicine’ and ‘doctor’ we think about privacy as one of, if not the, key issues (while, other than hopefully curing whatever is making us ill!). In this light, we wonder about the security of databases, the willingness of healthcare providers to limit access to records, and so forth. People in Canada are worried enough about privacy that, on the Ontario Government’s eHealth Ontario site, ‘Privacy and Security‘ are front and center as a main link on their homepage. When we turn to British Columbia’s October 23, 2009 Heath Sector Information Management/Information Technology Strategy and search for ‘privacy’ we see that the term appears on 18 of the report’s 55 pages. Moving over to the Ontario Information and Privacy Commissioner’s May 2, 2006 presentation on health information and electronic health records we, again, see emphases on the privacy and security concerns that must be posed alongside any movement to massively digitize the healthcare infrastructure.

What we see less of in the eHealth debate are the prevalent dangers accompanying threats to cut citizens off of the ‘net as a consequence of copyright infringement. It’s this issue that I want to briefly dwell on today, in part to start ramping up some thoughts on the wide-ranging effects of three-strikes laws that are starting to be adopted and/or seriously discussed in various jurisdictions around the world.

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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

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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Canadian Privacy Advocates and Their Privacy Commissioners

advocatesclose1Colin Bennett, in his recent text The Privacy Advocates: Resisting the Spread of Surveillance, does a nice job creating a developing a typography for privacy advocates. Of a minor controversy, his text doesn’t include data protection commissioners as ‘privacy advocates’, even if they self-identify as such, on the basis that he wants to reflect on the roles that actors from civil society now play. Privacy, when understood in terms of regulatory capacity and relevant actors, cannot be sensibly talked about just in terms of ‘official’ advocates (e.g. data commissioners) because civil society is often deeply involved in the actions, reactions, and positions that the commissioners are forced to assume. In essence, privacy advocates are sometimes friends of, foes of, or ambivalent towards the privacy commissioners (I’d use another typography for this relationship, but I’ll wait for it to be publicly presented before talking about it here. It’s really snazzy though.).

Privacy advocates, in Bennett’s terms, are classified as such:

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