ISPs

Ole, Intellectual Property, and Taxing Canadian ISPs

/ Christopher Parsons / 9 Comments

Ole, a Canadian independent record label, put forward an often-heard and much disputed proposal to enhance record label revenues: Ole wants ISPs to surveil Canada’s digital networks for copywritten works. In the record label’s filing on July 12 for the Digital Economy Consultations, entitled “Building Delivery Systems at the Expense of Content Creators,” Ole asserts that ISPs are functioning as “short circuits” and let music customers avoid purchasing music on the free market. Rather than go to the market, customers are (behaving as rational economic actors…) instead using ISP networks to download music. That music is being downloaded is an unquestionable reality, but the stance that this indicates ISP liability for customers’ actions seems to be an effort to re-frame record industries’ unwillingness to adopt contemporary business models as a matter for ISPs to now deal with. In this post, I want to briefly touch on Ole’s filing and the realities of network surveillance for network-grade content awareness in today market. I’ll be concluding by suggesting that many of the problems presently facing labels are of their own making and that we should, at best, feel pity and at worst fear what they crush in their terror throes induced by disruptive technologies.

Ole asserts that there are two key infotainment revenue streams that content providers, such as ISPs, maintain: the $150 Cable TV stream and the $50 Internet stream. Given that content providers are required to redistribute some of the $150/month to content creators (often between 0.40-0.50 cents of every dollar collected), Ole argues that ISPs should be similarly required to distribute some of the $50/month to content creators that make the Internet worth using for end-users. Unstated, but presumed, is a very 1995 understanding of both copyright and digital networks. In 1995 the American Information Infrastructure Task Force released its Intellectual Property and the National Information Infrastructure report, wherein they wrote;

…the full potential of the NII will not be realized if the education, information and entertainment products protected by intellectual property laws are not protected effectively when disseminated via the NII…the public will not use the services available on the NII and generate the market necessary for its success unless a wide variety of works are available under equitable and reasonable terms and conditions, and the integrity of those works is assured…What will drive the NII is the content moving through it.

Of course, the assertion that if commercial content creators don’t make their works available on the Internet then the Internet will collapse is patently false.

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Packet Headers and Privacy

/ Christopher Parsons / 1 Comment

One of the largest network vendors in the world is planning to offer their ISP partners an opportunity to modify HTTP headers to get ISPs into the advertising racket. Juniper Networks, which sells routers to ISPs, is partnering with Feeva, an advertising solutions company, to modify data packets’ header information so that the packets will include geographic information. These modified packets will be transmitted to any and all websites that the customer visits, and will see individuals receive targeted advertisements according to their geographical location. Effectively, Juniper’s proposal may see ISPs leverage their existing customer service information to modify customers’ data traffic for the purposes of enhancing the geographic relevance of online advertising. This poses an extreme danger to citizens’ locational and communicative privacy.

Should ISPs adopt Juniper’s add-on, we will be witnessing yet another instance of repugnant ‘innovation’ that ISPs are regularly demonstrating in their efforts to enhance their revenue streams. We have already seen them forcibly redirect customers’ DNS requests to ad-laden pages, provide (ineffective) ‘anti-infringement’ software to shield citizens from threats posed by three-strikes laws, and alter the payload content of data packets for advertising. After touching the payload – and oftentimes being burned by regulators – it seems as though the header is the next point of the packet that is to be modified in the sole interest of the ISPs and to the detriment of customers’ privacy.

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Forrester Needs to Rethink on Privacy

/ Christopher Parsons

Forrester has come out with a report that, in Susana Schwartz’s summary, “suggests that more should be done to integrate data about [ISPs’] customers’ online behaviours to offline systems.” In effect, to assist ISPs monetize their networks they need to aggregate a lot more data, in very intelligent ways. The killer section of the actual report is summarized by a Forrester researcher as follows;

“By integrating online and offline data, operators and their enterprise customers could add information about customers’ online behaviors to existing customer profiles so that CSRs could more efficiently handle calls and provide more relevant cross sell/upsell opportunities,” Stanhope said. “So much of the customer experience now comes from online activities that there is a huge repository of data that should be pushed deeper into enterprises for insights about interactions; enterprises collect so much data about what people do and see on their Web sites, yet they do little to draw insight.”

The aim of this is to ‘help’ customers find services they unknowingly are interested in, while making ‘more intelligence’ available to customer service representatives when customers call in. We’re talking about a genuinely massive aggregation of data that goes through ISP gateways and a dissolution of Chinese firewalls that presently segregate network logs with (most) subscriber information. Just so you don’t think that I’m reading into this too deeply, Stanhope (a senior analyst of consumer intelligence with Forrester Research) said to Schwartz:

Our clients are starting to plan for and lay the technical foundational by looking at how to bring together disparate environments, like CRM databases and customer databases, and then what they have to do to gather Web data, social media and search data so they can leverage what they already have … Many are now starting to look at how that can be a hub for Web data, which can be leveraged by other systems.

It’s this kind of language that gets privacy advocates both annoyed and worried. Annoyed, because such a massive aggregation and usage of personal data would constitute a gross privacy violation – both in terms of national laws and social norms – and worried because of the relative opaque curtain separating their investigations from the goings-on of ISPs. When we read words such as Stanhope’s, correlate it with the vendor-speak surrounding deep packet inspection, and look at the technology’s usage in developing consumer profiles, there is a feeling that everyone is saying that DPI won’t and can’t be used for massive data aggregation as configured…but it could and (Stanhope hopes) likely will once the time is right.

Canada has a strong regulatory position against the use of DPI or other network forensics for the kind of actions that Stanhope is encouraging. This said, given that ‘research’ groups like Forrester along with other parties that pitch products to ISPs are making similar noises (as demonstrated at last year’s Canadian Telecom Summit) a nagging pit in my stomach reminds me that constant vigilance is required to maintain those regulatory positions and keep ISPs from bitting into a very profitable – but poisonous for Canadians’ privacy – apple.

Will Copyright Kill eHealth?

/ Christopher Parsons

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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Update to Virgin Media and Copyright DPI

/ Christopher Parsons / 3 Comments

virginmedialogoRecently, I’ve heard back from Detica about CView and wanted to share the information that Detica has been provided. CView is the copyright detection Deep Packet Inspection (DPI) appliance that Virgin Media will be trialling, and is intended to measure the amount of copyright infringing files that cross Virgin’s network. This index will let Virgin determine whether the content deals they sign with content producers have a noticeable impact on the amount of infringing P2P traffic on their network. Where such deals reduce infringements, then we might expect Virgin to invest resources in agreements with content producers, and if such agreements have no impact then Virgin’s monies will likely be spent on alternate capital investments. I’ll note up front that I’ve sent some followup questions to seek additional clarity where the answers I received were somewhat hazy; such haziness appears to have been from a miscommunication, and is likely attributable to a particular question that was poorly phrased. Up front, I will state that I’m not willing to release the name of who I’m speaking with at Detica, as I don’t think that their name is needed for public consumption and would be an inappropriate disclosure of personal information.

The key question that is lurking in my own mind – if not that of others interested in the CView product – is whether or not the appliance can associate inspected data flows with individuals. In essence, I’m curious about whether or not CView has the ability to collect ‘personally identifiable information’ as outlined by the Privacy Commissioner of Canada in her recent findings on Bell’s use of DPI. In her findings, the Commissioner argues that because Bell customers’ subscriber ID and IP address are temporarily collated that personal information is being collected that Bell does collect personal information.

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Beyond Fear and Deep Packet Inspection

/ Christopher Parsons

securitybooksOver the past few days I’ve been able to attend to non-essential reading, which has given me the opportunity to start chewing through Bruce Schneier’s Beyond Fear. The book, in general, is an effort on Bruce’s part to get people thinking critically about security measures. It’s incredibly accessible and easy to read – I’d highly recommend it.

Early on in the text, Schneier provides a set of questions that ought to be asked before deploying a security system. I want to very briefly think through those questions as they relate to Deep Packet Inspection (DPI) in Canada to begin narrowing a security-derived understanding of the technology in Canada. My hope is that through critically engaging with this technology that a model to capture concerns and worries can start to emerge.

Question 1: What assets are you trying to protect?

  • Network infrastructure from being overwhelmed by data traffic.

Question 2: What are the risks to these assets?

  • Synchronous bandwidth-heavy applications running 24/7 that generate congestion and thus broadly degrade consumer experiences.

Question 3: How well does security mitigate those risks?

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