What is the right to assemble online?

Sorry for the long delay in posts. I’ve been a little busy and I’ve had some trouble coming up with topics as well. So, if there are any topics you’d like to see written about feel free to shoot me a message.

In the US we have an amendment to our constitution which ensures our right to assemble. This amendment is important because it allows us to protest governmental action and activities we do not like. We do not always like the way that this right is being expressed, such as the Westboro Baptist Church protesting fallen soldiers, gay suicides and a range of other things. It also protests our right to counter protest the WBC.

In the case of a protest over a company, it’s possible to protest in front of their headquarters or in front of individual branches such as Bank of America. In many ways these tactics are effective because it drives media attention do to it’s location. If someone is protesting a bank in small town America, such as my home town, Grove City, PA no one is going to care. You might get a piece written about it in the Allied but it’s unlikely to attract the attention of the Pittsburgh Post Gazette which is only 60 miles south. Even if some how it did make the news in Pittsburgh, it’s unlikely to remain in the news, which that’s something a protest in Pittsburgh would actually be able to do.

Why does this matter? Well, for a company like Amazon.com much of it’s physical locations are in small town America. They don’t have large presences in many major cities. How do you effectively protest a large internet based company? How do you protest a company when the people that want to do the protesting are scattered throughout the world?

In the past I’ve written about LulzSec and Anonymous, these groups still operate and have had some interesting ideas about how to protest. The first is what is called a Denial of Service (DoS) attack, where a company’s website is overwhelmed with requests for access to the site and it kills the server. This would be the physical equivalent of creating a lined of linked arms across the doorway to the company’s headquarters or branch. Typically, these sort of attacks don’t last very long because IT departments have become very good at finding the sources of these attacks and stopping them.

It is not possible to respond by moving across the street to continue protesting where people to see you. It is also not possible to post ads in the area as a form of protest. However, it is possible to buy ads on Google or other such sites that will display something if you type Bank of America, however, I’m not sure if this is effective or not.

Another type of protest employed is the internet petition. I’ve signed plenty of them, but it’s fairly obvious that these are as worth as much as the paper their printed on (which is to say none). These really just make you feel better, without much work.

At this point, I think that when it has come to massive protests online, Reddit has created the blueprint. Redditors have worked extremely hard to protest SOPA. This has included call your senator day, getting websites to agree to an internet blackout day, where sites will completely black out all content. This is a representation of the impact of censorship that SOPA will enact.

However, this type of protest isn’t really possible for all types of government or private business action. While the denial of service attacks aren’t very effective, they do raise awareness and have lead to other types of attacks, such as hacking and the release of data that users thought was secure. Despite the fact that it is theft of data, these actions have done more to change company behavior than any other type of internet based protests.

Is that the future of assembly online? I don’t know. It’s easy to block websites that act as a rallying point, so it will be important for people to actually meet to do their protesting as protesting on the internet doesn’t really have the same impact, unless something big gets leaked. We do need to define what is acceptable as a society for online protesting. DoS might be a way to allow protests.

SOPA hearing today

For all of those interested in protecting the Internet today is the last day to try to prevent congress from passing SOPA. This law, would censor the internet. There have been a lot of people talking about this law on both sides of the argument. Chris Dodd president of the RIAA is pushing heavily for this law. He argues that if China has the same ability to control content in China, then the US should have the exact same authority. In a previous blog I argue that this is the biggest killer to internet innovation. Effectively this would create a Great FireWall of the US.

Opponents of the law have started a censorship the internet campaign. I tweeted one of these yesterday. Effectively it blocked out parts of your writing in simulation of the final impact of the law. In addition to these campaigns a few other big hitters have come out against the law, including the Writers’ Guild of America. This group understands that copyright laws shouldn’t dictate the future of the internet and it’s openness. In addition yesterday the EFF posted an open letter from internet leaders arguing that SOPA would crush innovation. I strongly suggest reading this letter. It’s written by the people that created things like IPv6. These people know what they are talking about.

We users have had a blessing in disguise with the MegaUpload and Universal Music Company DMCA Take down issue. Effectively, they took down legal songs using a copyright provisions in addition to taking down videos ABOUT the discussion.

So what are some of the key problems with this bill? It requires DNS level blocking. Which could potentially break the internet. It takes down entire domains if there is a single alleged copyrighted material online. It can block payment to sites through requiring Master Card and Visa to shut down payment for the site. All of these have to happen within Five DAYS. Nothing gets done in five days in any business.

There are additional problems with these laws and our foreign policy. Recently Hilary Clinton gave an extensive speech on net freedom and how repressive regimes are censoring the internet and killing free speech. So, our international rhetoric is completely out of line with what we’re doing internally. Furthermore, this is going to create problems with the Organization for Economic Cooperation and Development (OECD) has decided to institute a policy framework which is effectively the opposite that everything SOPA stands for. Finally, this has a negative impact with the #NoDisconnect policy that the EU has recently pushed for.

If you want to keep up to date with the comments being discussed in the hearing today. Follow @EFFLive as they are tweeting comments from congressional leaders about the problems with this law. Additionally, please contact your congressional leaders today (scroll down to the bottom) about this issue.

Watch Live Stream Here: http://www.keepthewebopen.com/sopa

Additional Reading:
Internet Blacklist vs. Constitution – EFF
SOPA and Educators – EFF
Recent SOPA amendments – TechDirt
DC Decided to Regulate Hollywood to prevent innovation – TechDirt

MegaUpload and the DMCA

We’ve recently had a perfect example of the dangers of giving copyright holder more powerful weapons in their war on “piracy.” Megaupload works as a service where a user can upload content and allow other people to download it or share it at a later point in time. A good amount of the material is, in fact, copyrighted. There are versions of Game of Thrones and plenty of other videos. This services has totally legitimate uses though. There are competing services that you can use, something like DropBox or GoogleDocs which works in a slightly different manner. The users is required actively share the files. In Megaupload the uploader doesn’t have to actively share the file it can be accessed by many people.

MegaUpload would be a sure fire target if SOPA or Protect IP gets passed. What would happen is that MegaUpload would effectively be blacklisted from the Internet and cease to exist if they can’t fix the problem within five days. Additionally, any payments they would receive can also be blocked. This of course isn’t anything new, but recently Universal Music decided to use a DMCA take down notice to remove a MegaUpload video from YouTube.

This happens on a regular basis. These companies have programs that look for copyrighted material and then any offending material is issued a take down notice, which YouTube is required by federal law to comply with. There’s just one problem in this case. MegaUpload claims to own all of the copyrights to this song and video. Universal was issuing a false take down notice. As a result MegaUpload is now suing Universal.

What can we take from this? Well, that giving the authority of content control to companies that have an incentive to silence material that is harmful to their business is a bad thing. In this case, we have a company abusing state authorized power to censor a music video about another company. We should expect this type of behavior to continue if these copyright holders are given additional authority to censor the internet.

It appears that not only are record labels abusing their authority, but the DHS had seized a website, Dajaz1.com, for over a year without any sort of recourse. Particularly troubling in this case is that the blog did contain copyrighted material, but it was given to the blogger by the record labels and artists.

As users of the internet we all should be extremely concerned about what is happening on the internet in the name of Copyright. Freedom of culture is something we all enjoy and relish, however actions by Universal and the DHS severely threaten our cultural freedom and ability to have public discourse on the usage of technology. MegaUpload was using famous pop stars to stake a claim that they are a legitimate company. Using a law in an illegal manner was trying to silence that conversation.

Are patents going to impact how doctors treat a patient?

Today Ars Technica reported on a case before the US Supreme Court and how the court is assuming that the usage of scientific data, which has been publish, is a valid patent. This is a pretty scary scenario. What do you mean? Well, the patent is related to how the levels of some chemical impact the dosage of a drug. That’s it. If you have level X in your blood you should have dosage Y. The patent holder created a device to test the level of the chemical in your blood which then suggests a dosage level. The Mayo clinic developed their own test and  have been administering the test on their own without paying anything to the company. The arguments in the court essentially assume that this is a valid patent.

Should this patent be valid though? Seems like something that could be patented. Based on what is considered patentable, this should fall under mathematical formulas. Essentially, this is a matter of correlation and basic regression analysis. During a drug trial you can determine a correlation between the impact of a dosage of a drug on the current level resulting in a lower level of the chemical. This is really how all medicine works. If you can reduce costs by creating your own tests and administering it yourself then that’s great. Hospitals should be encouraged to do this if they are large enough.

This is what Doctors do. They read literature about the medicine the condition it’s supposed to impact and what sort of connection there is with the dosage levels and the response rate within the patients. Every doctor has to use a test to determine the level of a chemical or some condition. This can be the pulse (irregular heartbeats), blood pressure (pressure cuffs), blood sugar (A1 test) and the list goes on. In each case the doctor is able to assign a proper dosage prescription based on the study of patients. If a doctor was required to pay a licensing fee for each and every case of this our currently exorbitant costs of health care will seem cheap. Like when we used to complain about $1.50/gallon for gas.

The other problem with patenting something like this is that it’s likely to be highly unenforceable except for when a large institution like the Mayo Clinic. Individual practitioners will be safer than large clinics, but they could be impacted as well. If they are required to use an extremely expensive proprietary testing methodology rather than have the ability to use any testing method it will drive up prices and may put doctors out of business.

If the court rules on this as if these types of patents are valid, we will need to push to have patent law changed again. The last change moved things in general, in the right direction but a lot more work needs to be done.

Phone Trackers

A few days ago news came out about a company called “Carrier IQ” installing data on phones that will report usage to carriers to improve service. Initially, it was reported that this software was a keystroke logger, which would have been nearly as bad as this, but apparently it doesn’t actually track keystroke. What’s a keystroke logger? Well, it’s a pretty common way to get access to information. Essentially, it tracks every since keystroke you make while typing and stores it as well as the software you’re using. So, if you get this type of software onto the computer of, say, a business competitor, you can get access to all the information related to a given product. You’d have to get it on the right computer and you’d probably get some information you don’t care about. How would this impact you as a user? Well, if it had been on there, basically every single email, text, website or instant message would have been logged and sent to whatever company cared about it.

In the video above a developer walks through the functions of Carrier IQ on an HTC device. It appears, in this case, that CIQ can, in fact, operate as a key logger. However, there are some additional points of concern with this bit of software. First it reads a great deal of information from incoming and outgoing data. It’s indicated that SMS information goes to CIQ BEFORE the user is notified that an SMS has come through. An additional point of concern is the fact that CIQ is able to get information from HTTPS, at least over WiFi. This should be a serious concern as the point of HTTPS, the stuff your bank data is sent with, is supposed to be encrypted and is the safest way to handle data.

I checked my phone and it’s not on the Samsung Galaxy. If you rooted your phone, then you are safe. Otherwise you should be aware your location and other data may be set to your phone manufacturer or your service provider.

Richard Stallman, the founder of GNU/Linux license, noted that these types of applications are created when users aren’t able to actively see what’s going on with software. It’s a loss of control over your data that is really the danger here. I agree with Stallman, but don’t go as far, that we need to have more transparency with the software that we use. Users should be able to have more control over what is going on with the devices they purchase. Users should be outraged that data can be tracked with no method of stopping the tracking. This is a huge invasion of our privacy and these companies should be fined heavily for this.

I have no reason to trust Carrier IQ or any company that uses this software. I’m disappointed in HTC. Apple does have it in some of the earlier versions of iOS, however it only operated during diagnostic mode. It has also been indicated that, unlike what the video claims, that this software isn’t on Nokia devices.

Al Franken has called for Carrier IQ to explain how this software works and what it does. I think there needs to be a call for something a step farther and that is a patch to allow users to turn off the program and remove it as soon as possible.

As consumers we need to be aware of the fact that companies are trying to use software and technology to control and track our behavior. Currently we still feel outraged by this and at times feel that we should be reaping the benefit of firms collecting our data. However, unless something changes this will become the norm and we won’t feel like our privacy is being invaded. It will become, that’s how it’s always been.

Further Reading:
http://arstechnica.com/tech-policy/news/2011/12/carrier-iq-hit-with-privacy-lawsuits-as-more-security-researchers-weigh-in.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

http://www.androidcentral.com/carrieriq-qa