Privacy, Government, and Business

This week there were two big moments for privacy. First, was a ruling by a court that Apple had to unlock in some manner, call it decrypt or creating a backdoor into this specific phone. Second, was the fact that Apple, and now Google, has given the state a big middle finger saying “No!” These are important because of the gravity of both of these. The FBI is using “The All Writs Act” something from the 18th century and definitely not written to support dealing with difficult technological issues on technology that would appear to be magic to the author’s of the act. This is definitely stretching this law to its limits and likely beyond what is realistic, but it sets a precedence which is dangerous. The second part is important as both of these companies have been working with the government to provide data to them in the past.

While both of these companies are standing up to the government is great, it’s not enough. With a limited number of powerful players, it’s only a matter of time before they lose to the government or be threatened in some way that will require them to play ball with the government. On the other hand, smaller companies won’t have the money to fight the government, so even if you want to support a smaller company with privacy as its core values, there is no guarantee that they will be able to follow through. Furthermore, if the government forces the company to re-write its operating system, like Apple effectively has to do, the company might go bankrupt. With a precedence set by the Apple decision, a small phone company like Silent Circle and their Blackphone, would be forced to capitulate unless they were able to show that this was unduly burdensome.

The other issues with this case is that businesses are only fighting for what is “right” here because it will help them improve their bottom line. Of course, they are also fighting for their own personal privacy as an employee of the company and consumer of its products, but the goal is to improve profitability. Across the world it has been shown that privacy and protection from agencies like the NSA (US) and GCHQ (UK) is something that people are willing to pay for. Apple learned this from Blackberry during the Arab Spring – they emulated the encryption of the Blackberry Messenger with their iMessage application. This help transition some of the last hold-outs to Apple and eventually spurred other similar apps.

I believe it is likely that the Electric Frontier Foundation will be a strong advocate for Apple, so if you want to support Apple in their battle with the government I recommend donating to the EFF, especially if you don’t support Apple for its other business practices. I know I will.

New FCC Rules and competition

A friend retweeted the Tweet below today and it got me thinking about the broader context of the FCC rules that past last Thursday

Two things struck me about this tweet. First, it’s disappointing that the author doesn’t understand Title II better considering he co-founded the EFF. Second, that Title II as implemented was designed to do nothing about ISP competition. As I wrote on KBMOD this week, Net Neutrality has no provision for “Unbundling” which would promote competition amongst ISPs at the local level. Unbudling, according to Wikipedia, is a regulation that requires existing line owners (such as Comcast) to open up their lines to anyone that wants to sell cable, internet, or telephony access. Unbundling, under a much more restrictive Title II, is the only reason that AOL was successful as a business model. Since this provision of Title II was forborne, Title II will not, in fact, be for promoting competition in ISPs at all.

Instead, the FCC, at least in my opinion, looked at the Internet as a general purpose platform technology. They were looking to ensure competition ON the technology not between technology carriers. For example, the FCC wants to see as much competition as possible between companies like Netflix, Amazon Prime Video, Hulu, and Comcast’s Xfinity service. However, they want to make sure that Comcast cannot foreclose on the video delivery service by leveraging their existing monopoly in telecommunications. What that means is that Comcast could create rules or an environment where Netflix cannot compete and Comcast customers MUST use the Xfinity service because alternatives didn’t function well (Foreclosure is the thing that got Microsoft with Web browsers).

The FCC did enact a rule that will impact competition at the local level though. It’s a limited rule because it impacts only Tennessee and North Carolina. It is preempting state law by stating that it is legal for municipalities to develop their own broadband networks. Broadband build out is prohibitively expensive for an entrepreneur to set up a network, however if they had a backing of a municipality that is willing to share the risk and the reward, it might be possible for an entrepreneur to build out their own broadband network on a limited scale. Municipalities aren’t the ideal solution to this, it would be significantly more preferable if other businesses moved into areas and built new broadband networks, however unless they have a massive amount of money, like Google, it’s unlikely to happen. A bridge between is a public-private partnership where private enterprise, which has the telecommunications expertise, partners with a municipality, which has the demand and financial support, to build a network.

With the ruling on municipal broadband being so limited, it’s not going to make much of an initial impact, however it’s likely that other municipalities will try to jump on that bandwagon and overrule laws at the state level (as a note I’m not going to argue if this is something they have the authority to do, I’m just looking at the potential impact of the rule).

Phone Encryption

It’s been announced that both iOS and Android are going to have fully encryptable phones which will be a huge boon for our 4th amendment rights. As well as to protect us from more mundane things like theft or simply losing your phone. Our phones these days contain as much or more personal information as our computers do these days. The average person doesn’t have any sort of two step authentication on their personal accounts on their phones. In most case people do have some sort of password protection to get into the phone, but once in it’s fairly easy to get into many applications.

For end users there’s nothing better than having a stronger security measures as in many cases companies poorly manage their security. This can be highlighted from the past week of exploits and those celebrity pictures. Encrypting phones might not prevented the celebrity leak, but in many cases it could. It’s believed that some of the hacks of Paris Hilton years ago came from hacking her phone through a BlueTooth connection, so a fully encrypted phone may have protected her from that hack.

All these things are good, however, the Washington Post has decided that this encryption is a risk to public safety because it will help criminals. This is the exact same argument that people make against BitCoin and full disk encryption. BitCoin ended up spawning SilkRoad, which has been shut down and it’s more likely that more crime is committed with dollars rather than Bitcoin. Full Disk Encryption has been used by both criminals and the more technical savvy. With the recent changes where the government can simply take your laptop at boarder crossings without any sort of warrant. Which means anyone at anytime that could have been flagged by the NSA could have their computer searched at will.

It’s more likely that encryption will protect an average person from an arbitrary search than protect a criminal. It’s likely that without everyone being encrypted, having your computer or phone encrypted would have been a huge red flag, however, with these recent changes that can’t happen. Meaning the average person will be safer as well as the fully legal with nothing to hide security conscious individuals.

The Washington Post, FBI, and other agencies are wrong. Fully encryption on our phones protects our privacy, improves our fourth amendment, and give us more control over our own devices. If the FBI and the US government is successful in creating a backdoor the encryption will be worthless and the put us more at risk as we’ll have a false sense of security.

Crowd Source Legislation

Crowd sourcing, is a name for a group of people taking part in something from all over the place. One of the first initiatives like this is open source software, a more recent version is Crowd source funding for businesses. These started as initiatives to give micro loans in Africa and other developing countries. More recently, websites like Kickstarter have allowed everyday people to help get new ventures starting (I plan on writing more about this later).

So what’s the deal with the legislation? Well, essentially, this is building upon the momentum Reddit and other websites generated during the SOPA/PIPA protests. Members have decided to create something like an internet bill of rights. The idea is the create a better balance between content holders, private companies, governments and users. In China there’s a great deal of censorship and Google and Twitter have both announced censorship based on the location of the user. This type of censorship would have killed the Arab spring before it happened.

OK? but that’s not going to effect me in the US. Well, we don’t know that. Yes, we have provisions against free speech, but that’s against governments censoring speech. It’s difficult to know what a private company will censor when this speech is in a quasipublic/private space. Facebook routinely censors groups and speech on their site. Additionally, look at what’s happening with MegaUpload.com and their users. There was legitimate use on the website and the Department of Justice doesn’t care. The EFF and the hosting company are working to find the legitimate data held on the site.

One of the goals of the act would be to reduce the ability of sites to censor speech. It’s clear that this is an important goal of the act. Additionally, there are programs, like TOR, that have been developed to allow people behind censorship to circumvent it (See my post about how TOR works). However, there could be penalties for people that use TOR in the US to help people circumvent the censorship. These types of ideas are what the goal of FIA is.

If you’re interested in taking your anger at SOPA/PIPA into a new direction and potentially become more involved in our government check it out here: http://www.reddit.com/r/fia/

But that’s US based stuff. Yes, sure it is. It seems like most of the users interested are from the US. Many of the users involved would like to see this become a treaty instead of just a law. In that case involvement from many different countries would be ideal and requested. Additionally, there is no reason why this type of legislation should be restricted to the US. These ideas are universal.