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.
This is a draft of the paper that I’ll be presenting at the Counter: Piracy and Counterfeit conference in Manchester in a few days. It’s still rough around some edges, but feels like a substantial piece. Comments, as always, are welcome.
Privacy operates as an umbrella-like concept that shelters liberal citizens’ capacity to enjoy the autonomy, secrecy, and liberty, values that are key to citizens enjoying their psychic and civil dignity. As digitisation sweeps through the post-industrial information economy, these same citizens are increasingly sharing and disseminating copywritten files using peer-to-peer file sharing networks. In the face of economic challenges posed by these networks, some members of the recording industries have sought agreements with Internet Service Providers (ISPs) to govern the sharing of copywritten data. In Britain, file-sharing governance has recently manifested in the form of Virgin Media inserting deep packet inspection (DPI) appliances into their network to monitor for levels of infringing files. In this presentation, I argue that ISPs and vendors must demonstrate technical and social transparency over their use of DPI to assuage worries that communications providers are endangering citizens’ psychic and civil dignities. Drawing on recent Canadian regulatory processes concerning Canadian applications of DPI, I suggest that transparency between civil advocacy groups and ISPs and vendors can garner trust required to limit harms to citizens’ psychic dignity. Further, I maintain that using DPI appliances to detect copyright infringement and apply three-strikes proposals unduly threatens citizens’ civil dignities; alternate governance strategies must be adopted to preserve citizens’ civil dignity.
To fully function as a student in today’s Western democracies means having access access to the Internet. In some cases this means students use Content Management Systems (CMSs) such as Drupal, Blackboard, or wikis (to name a few examples) to submit homework and participate in collaborate group assignments. CMSs are great because teachers can monitor the effectiveness of student’s group contributions and retain timestamps of when the student has turned in their work. Thus, when Sally doesn’t turn in her homework for a few weeks, and ‘clearly’ isn’t working with her group in the school-sanctioned CMS, the teacher can call home and talk with Sally’s parents about Sally’s poor performance.
At least, that’s the theory.
Three-Strike Copyright and Some Numbers
I’m not going to spend time talking about the digital divide (save to note that it’s real, and it penalises students in underprivileged environments by preventing them from acting as an equal in the digitized classroom), nor am I going to talk about the inherent privacy and security issues that arise as soon as teacher use digital management systems. No, I want to turn our attention across the Atlantic to Britain, where the British parliament will soon be considering legislation that would implement a three-strike copyright enforcement policy. France is in the process of implementing a similar law (with the expectation that it will be in place by summer 2008), which will turn ISPs into data police. Under these policies if a user (read: household) is caught infringing on copyright three times (they get two warnings) they can lose access to the ‘net following the third infringement.