CyberLaw Blog

Archive for January, 2009

Netspace’s Government ISP Filtering Survey Results: “Federal Government’s Mandatory Internet Filtering Proposal
Netspace Customer Survey Results

We asked our customers to participate in a survey to see what they thought about the Federal Government’s intentions. We had an overwhelming response with nearly 10,000 people responding. Netspace would like to thank everyone who participated in the survey. The questions and results are below.”

(Via .)

Could you get arrested for owning a graphic novel? | Coffee House

Wednesday, 28th January 2009
Could you get arrested for owning a graphic novel?
William Blackstock 5:27pm

Film adaptations of graphic novels such as Zack Snyder’s 300 and the upcoming Watchmen mean that graphic novels are growing ever more popular. They’re not just in dingy comic book shops anymore but on the shelves in Waterstones and Borders. So is it right that they are now under threat by government anti-pornography legislation?

There are two bills in parliament at the moment that, if successful, could make the possession of ‘extreme pornographic images’ an offence.

An ‘extreme image’ is defined in The Criminal Justice and Immigration Act as one that is ‘grossly offensive, disgusting or otherwise of an obscene character’. So far, so good, right? That all sounds normal enough, but there¹s a sting in the tail for unsuspecting readers of the graphic novel: ‘and a reasonable person looking at the image would think that any such person or animal was real.’ There¹s a similar set of rules for child pornography. So, in a nutshell, if it looks like it¹s real (i.e. it¹s well drawn), then you can be prosecuted for owning it.

Fans of Frank Miller’s Sin City probably have little to fear; his stark high-contrast black and white panels are explicitly violent yet a far cry from ‘realistic’. If, on the other hand, you prefer Alan Moore¹s Lost Girls or even Neil Gaiman¹s Sandman, you may be in for a shock. In an interview with MTV here, Gaiman said (of the similar US PROTECT Act):

‘I wrote a story about a serial killer who kidnaps and rapes children, and then murders them, we did that as a comic, not for the purposes of titillation or anything like that, but if you bought that comic, you could be arrested for it? That¹s just deeply wrong. Nobody was hurt. The only thing that was hurt were ideas.’

I¹ve read the story and it¹s not as explicit as Sin City; is written extremely well; and, even more important than that, is necessary in order to understand the world of Sandman.

Works like Lost Girls really blur the line. Alan Moore¹s story of Alice (from Alice in Wonderland), Wendy (from Peter Pan) and Dorothy (from The Wizard of Oz) talking together of their sexual exploits as adults in 1913 is filled with rich, beautiful language and wonderfully illustrated by Melinda Gebbie but it is erotic in content (Moore himself goes further, saying deliberately that it is ‘pornography’ and rejecting the ‘erotica’ label). It is also, in places, quite uncomfortable to read. But then a huge part of the point of literature, erotic or otherwise, is to challenge our expectations of what is acceptable and what is not.

For the government to step in and say what we can and cannot own, to define the morality of art in that way, is both ludicrous and impossible; especially when it concerns entirely fictional situations with equally fictional artwork.

And where will it all end? If Alan Moore can be censored, then why not Angela Carter or James Joyce in a few bills’ time? Why not Renaissance art? Much better, I think, to let the individual choose what they want to see or read and to censor things for themselves.

Introducing Measurement Lab: “Posted by Vint Cerf, Chief Internet Evangelist, and Stephen Stuart, Principal Engineer

(Cross-posted from the Official Google Blog)

When an Internet application doesn’t work as expected or your connection seems flaky, how can you tell whether there is a problem caused by your broadband ISP, the application, your PC, or something else? It can be difficult for experts, let alone average Internet users, to address this sort of question today.

Last year we asked a small group of academics about ways to advance network research and provide users with tools to test their broadband connections. Today Google, the New America Foundation’s Open Technology Institute, the PlanetLab Consortium, and academic researchers are taking the wraps off of Measurement Lab (M-Lab), an open platform that researchers can use to deploy Internet measurement tools.

Researchers are already developing tools that allow users to, among other things, measure the speed of their connection, run diagnostics, and attempt to discern if their ISP is blocking or throttling particular applications. These tools generate and send some data back-and-forth between the user’s computer and a server elsewhere on the Internet. Unfortunately, researchers lack widely-distributed servers with ample connectivity. This poses a barrier to the accuracy and scalability of these tools. Researchers also have trouble sharing data with one another.

M-Lab aims to address these problems. Over the course of early 2009, Google will provide researchers with 36 servers in 12 locations in the U.S. and Europe. All data collected via M-Lab will be made publicly available for other researchers to build on. M-Lab is intended to be a truly community-based effort, and we welcome the support of other companies, institutions, researchers, and users that want to provide servers, tools, or other resources that can help the platform flourish.

Today, M-Lab is at the beginning of its development. To start, three tools running on servers near Google’s headquarters are available to help users attempt to diagnose common problems that might impair their broadband speed, as well as determine whether BitTorrent is being blocked or throttled by their ISPs. These tools were created by the individual researchers who helped found M-Lab. By running these tools, users will get information about their connection and provide researchers with valuable aggregate data. Like M-Lab itself these tools are still in development, and they will only support a limited number of simultaneous users at this initial stage.

At Google, we care deeply about sustaining the Internet as an open platform for consumer choice and innovation. No matter your views on net neutrality and ISP network management practices, everyone can agree that Internet users deserve to be well-informed about what they’re getting when they sign up for broadband, and good data is the bedrock of sound policy. Transparency has always been crucial to the success of the Internet, and, by advancing network research in this area, M-Lab aims to help sustain a healthy, innovative Internet.

You can learn more at the M-Lab website. If you’re a researcher who’d like to deploy a tool, or a company or institution that is interested in providing technical resources, we invite you to get involved.

UPDATE: Check out the video from the launch event at the New America Foundation:

(Via Google Public Policy Blog.)

Raising data privacy awareness: “Posted by Peter Fleischer, Global Privacy Counsel, and Jane Horvath, Global Privacy Counsel

For the second year, the U.S. and Canada are joining 27 European countries to celebrate Data Privacy Day today. As we explained last year, the lack of understanding about online data protection is a global issue. As increasing amounts of data get uploaded to the Internet every day, it becomes more and more important for people to understand the benefits and risks of online communications and to learn how to use available tools to control and manage the information they share online.

To mark this special day of awareness, we are supporting an event hosted by the Information Technology Association of America called ‘Data Privacy Day: Increasing Privacy Awareness and Trust.’ We’ll join U.S. and European government officials and key members of the privacy community on Capitol Hill to discuss how to increase public awareness about data privacy. This event is a part of our ongoing constructive dialogue with regulators and legislators, consumer and industry groups, and think tanks and privacy advocates to discuss how to protect user information.

Our efforts to raise data privacy awareness extend beyond the public policy arena; we aim to connect directly with our users, too. We’re committed to protecting users’ online privacy by following the principles of transparency and choice. We’re transparent about the data we collect, and we design products that give people control over the information they share. Earlier this year, we revamped our Privacy Center, where we offer information, tips, and videos that explain Google’s privacy practices and show people how they can control what data they share.

The Privacy Center also includes a link to a series of blog posts about how we use data to improve our products and services for our users. We recently translated the Privacy Center into multiple languages so that we can better serve people all around the world. We’re also continuously working on innovative services and features that make information available to people in new ways, but with built-in privacy controls. For example, we introduced privacy-protective face-blurring for Street View earlier this year. And the launch of our browser, Google Chrome, included a feature for surfing the Internet in ‘incognito mode.’

For the coming year, we want to improve our privacy practices even more by engaging in further dialogue with people who use our products and services, offering up easier-to-understand policies, and providing more privacy tools and controls. We hope that you’ll take a few minutes on Data Privacy Day to explore our Privacy Center and learn about our commitment to this important issue.

(Via Google Public Policy Blog.)

UK.gov backs ISPs on charging content providers, throttling P2P: “

Carter kicks net neutrality corpse

Digital Britain The government today rejected any prospect of US-style ‘net neutrality’ laws to prevent ISPs from charging online content providers for traffic prioritisation, or from restricting bandwidth-hungry protocols such as BitTorrent.…

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(Via The Register – Comms.)

Law will force ISPs to pass file-sharing data to record labels: “The Government will create legislation forcing internet service providers (ISPs) to gather information on customers engaged in illegal file-sharing, and forcing them to contact repeat offenders warning them that their behaviour is against the law.”

(Via OUT-LAW News.)

Digital Britain: A tax, a quango and ISP snooping: “

All in a day’s work for the modern bureaucrat

Digital Britain Did anyone expect more from Stephen Carter CBE? The former Ofcom boss and No.10 strategy chief (sic) has spent his career moving between the world of advertising and public relations, quangos and party. So it’s no surprise that the ‘vision thing’ involves a tax, a quango and a burden by private parties to snoop on the public. It’s an administrator’s answer.…

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(Via The Register – Public Sector.)

Digital Britain: The Interim Report – Government outlines plans for UK’s digital transition

014/09, 29 January 2009
Joint DCMS/BERR press release

The Government has today published a plan to secure Britain’s place at the forefront of the global digital economy. The interim report contains more than 20 recommendations, including specific proposals on:

* next generation networks
* universal access to broadband
* the creation of a second public service provider of scale
* the modernisation of wireless radio spectrum holdings
* a digital future for radio
* a new deal for digital content rights
* enhancing the digital delivery of public services

The Digital Britain Report underlines the importance of the communications sector, its crucial contribution to the economy and its role in building Britain’s industrial future.

Business Secretary, Peter Mandelson said:

‘This report sets out a strategy for building a knowledge economy where our most valuable assets are the skills and innovation that underpin our digital industries. This is absolutely vital if Britain is to benefit fully from some of the greatest economic opportunities on offer this century.’

Culture Secretary Andy Burnham said:

‘Britain has always led the world in content creation – with the best music, films and TV – and it is vital that we carry forward this strength into the digital age. This is a significant Report for the creative industries, taking steps to establish workable systems of copyright in an online age and to preserve choice of public service content. But it is only the beginning of the process and we need to work hard in the coming months to secure workable solutions.’

The 22-point action plan outlines a programme of work with commitments to:

* upgrade and modernise wired, wireless and broadcast infrastructure;
* secure a dynamic investment climate for UK digital content and services;
* provide a range of high quality UK made public service content;
* ensure fairness and access, with universal availability and promotion of skills and media literacy; and
* develop the infrastructure, skills and take-up to enable widespread online delivery of public services.

In addition to specific commitments, the Interim Report outlines Britain’s progress in building a digital market-place, while also setting priorities for industry engagement ahead of the publication of the final Digital Britain Report, due before the summer.

Stephen Carter the Minister for Communications, Technology and Broadcasting said:

‘The innovation, creativity and vitality of our communications industries rightly demand clarity from Government on its role and a framework for the future.’

He added:

‘Delivering Digital Britain will depend upon a smart industry, working with a committed Government to produce lasting solutions.’

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Notes to editors

1. The Interim Digital Britain Report is available on the DCMS website.
2. Further details on The Digital Britain Report are available on the DCMS website.
3. The Interim Report’s 22 actions are below:
(more…)

Privacy-protecting search engine ignores IP addresses: “A Dutch search engine has become the first to operate without recording the address of the computer used to make the search. Ixquick said it had taken the move to protect users’ privacy.”

(Via OUT-LAW News.)

Carter pledges file sharing snoop laws: “

And broadband for all

Digital Britain Lord Carter’s interim report Digital Britain promises legislation to force ISPs to identify people using file sharing software, more promotion for DAB radio and a weakening of BT’s universal service obligations.…

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(Via The Register – Public Sector.)