Virgin Media to Monitor Copyright Infringement

truthliesandbroadbandLate last week The Register reported that Virgin Media is going to be trialling Detica’s Deep Packet Inspection (DPI) appliances to measure the levels of copyright-infringing file sharing that is occurring along Virgin Media’s networks. It’s important to note a few things right up front:

  1. I have a request in to the company manufacturing these appliances, Detica, and have been promised responses to my questions. In light of this, I’m not accusing Detica or Virgin Media of engaging in any ‘privacy invasive’ uses of DPI, at least not at the moment.
  2. The information that I’ll drawing on is, largely, from a consultation paper that Detica presented in late September of 2009.
  3. This post is largely meant as a ‘let’s calm down, and wait to hear about the technology’s details’ before suggesting that a massive campaign be mounted against what might be a relatively innocuous surveillance technology.

With that stated…

Detica describes themselves as a “business and technology consultancy specialising in helping clients collect, manage and exploit information to reveal actionable intelligence. As the digital revolution causes massive amounts of data to converge with a new generation of threats, many of our clients see this as one of their greatest challenges.” Their CView DPI system is meant to let ISPs better identify the amount of copyright infringing work that is coursing across their networks, in an effort to give ISPs better metrics as well as to determine whether arrangements between ISPs and content providers has a significant, measurable effect on the transfer of copyright infringing files.

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Copyright and the Blank Media Levy

mediaplayer2I’ve been watching with some interest the new Artist 2 Fan 2 Artist project, recently started up by Jon Newton and Billy Bragg. The intent of the site is to bring artists and fans together and encourage these parties to speak directly with one another, without needing to pass through intermediaries such as producers, labels, public relations groups, managers, and so on. It will be interesting to see how the dialogue develops.

One of the key elements of the site that interest me the discussion of paying artists (and other content creators); how can we avoid demonizing P2P users while at the same time allocating funds to artists/copyright owners in a responsible manner. On October 5th, this topic was broached under the posting ‘In Favour of a Music Tax‘, and I wanted to bring some of my own comments surrounding the idea of a music tax to the forefront of my own writing space, and the audience here.

I think that an ISP-focused levy system is inappropriate for several reasons: it puts too much authority and control over content analysis than carriers need, puts carriers at risk when they misidentify content, and would make carriers (for-profit content delivery corporations) in charge of monitoring content without demanding consumers that pay ‘full value’ for content moving through their networks. This last point indicates that an ISP-based levy puts ISPs in a conflict of interest (at least in the case of the dominant ISPs in Canada). Another solution is required.

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Some Data on the Skype iPhone Application

SkypePhoneSkype is a polarizing product for telecom operators and customers. It is an application that lets customers abandon their historical phone services in favour of an encrypted Voice over Internet Protocol (VoIP) communications service that provides ‘free’ calls to computers and cheap rates when making a Skype-to-analogue/cellular phone service. For customers, it extends the choices presented to them and potentially reduces their monthly phone expenses.

The iPhone application for Skype has made headlines as telecom and smartphone manufacturers alike have actively and passively resisted, and ultimately relented, to permitting customers make Skype calls from their iPhones and other mobile devices. Apple has stated that they will not ‘jump through hoops’ to ensure that VoIP applications work through successive operating system updates, and AT&T’s poor data transmission systems likely made them somewhat hesitant to allow another bandwidth-heavy service onto their networks. What really got me interested in the Skype iPhone application, as a Canadian, was the following:

  1. Canadian customers can now install Skype on their iPhones;
  2. There was no place on the web that informed Skype users of how much data was consumed by the iPhone application when in use.

It was #2 that was particularly interesting. Canadian consumers tend to have fairly low default bandwidth caps with Rogers, the primary carrier of the iPhone in Canada, at 1GB in the basic iPhone plan. My thought was this: if the iPhone application actually consumed massive amounts of data Rogers would:

  1. Make a killing on the likely data overages as early adopters shifted over to Skype VoIP in favour of Rogers’ own voice services;
  2. If the application actually consumed a large amount of bandwidth, carriers might see it as ‘technically’ needing to be mediated using some system (perhaps deep packet inspection).

I started putting out feelers, and no one knew how much data the application consumed. Rogers claimed they didn’t know, nor did Apple. A contact on Twitter who worked as customer relations for Skype also doesn’t know the amount of data used, and the information was nowhere (that I could find) on the English-written web. Similarly, my international contacts were uncertain about data requirements. Fortunately, after an extended wait, I’ve finally received word from Skype’s customer service desks (my last ditch effort was to submit a support ticket). Here is how the relevant part of the email reads:

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Analysis: ipoque, DPI, and Network Neutrality

netneutralityrallyottawaGerman Deep Packet Inspection (DPI) manufacturer, ipoque, has produced a white paper titled “Deep Packet Inspection: Technology, Applications & Network Neutrality.” In it, the company distinguishes between DPI as a technology and possible applications of the technology in a social environment. After this discussion they provide a differentiated ‘tiering’ of various bandwidth management impacts on network neutrality. In this post I offer a summary and comment of the white paper, and ultimately wonder whether or not there is an effective theoretical model, grounded in empirical study, to frame or characterize network neutrality advocates.

The first thing that ipoque does is try and deflate the typically heard ‘DPI analysis = opening a sealed envelop’ analogy, and argue that it is better to see packets as postcards, where DPI analysis involves looking for particular keywords or characters. In this analysis, because the technology cannot know of the meaning of what is being searched for, the DPI appliances cannot be said to violate one’s privacy given the technology’s lack of contextual awareness. I’ve made a similar kind of argument, that contextual meaning escapes DPI appliances (though along different lines) in a paper that I presented earlier this year titled “Moving Across the Internet: Code-Bodies, Code-Corpses, and Network Architecture,” though I think that its important to recognize a difference between a machine understandingsomething itself versus flagging particular words and symbols for a human operator to review. Ubiquitous, “non-aware,” machine surveillance can have very real effects where a human is alerted to communications – its something of a misnomer to say that privacy isn’t infringed simply because the machine doesn’t know what it’s doing. We ban and regulate all kinds of technologies because of what they can be used for rather than because the technology itself is inherently bad (e.g. wiretaps).
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Deep Packet Inspection: What Innovation Will ISPs Encourage?

InnovationAll sorts of nasty things as said about ISPs that use Deep Packet Inspection (DPI). ISPs aren’t investing enough in their networks, they just want to punish early adopters of new technologies, they’re looking to deepen their regulatory powers capacities, or they want to track what their customers do online. ISPs, in turn, tend to insist that P2P applications are causing undue network congestion, and DPI is the only measure presently available to them to alleviate such congestion.

At the moment, the constant focus on P2P over the past few years has resulted in various ‘solutions’ including the development of P4P and the shift to UDP. Unfortunately, the cat and mouse game between groups representing record labels, ISPs (to a limited extent), and end-users has led to conflict that has ensured that most of the time and money is being put into ‘offensive’ and ‘defensive’ technologies and tactics online rather than more extensively into bandwidth-limiting technologies. Offensive technologies include those that enable mass analysis of data- and protocol-types to try and stop or delay particular modes of data sharing. While DPI can be factored into this set of technologies, a multitude of network technologies can just as easily fit into this category. ‘Defensive’ technologies include port randomizers, superior encryption and anonymity techniques, and other techniques that are primarily designed to evade particular analyses of network activity.

I should state up front that I don’t want to make myself out to be a technological determinist; neither ‘offensive’ or ‘defensive’ technologies are in a necessary causal relationship with one another. Many of the ‘offensive’ technologies could have been developed in light of increasingly nuanced viral attacks and spam barrages, to say nothing of the heightening complexity of intrusion attacks and pressures from the copyright lobbies. Similarly, encryption and anonymity technologies would have continued to develop, given that in many nations it is impossible to trust local ISPs or governments.

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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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