Second Hearing in Internet Privacy tomorrow

From House Energy and Commerce:

From House Energy and Commerce:

Energy and Commerce Subcommittee Hearing on “Behavioral Advertising: Industry Practices and Consumers’ Expectations”

Energy and Commerce Subcommittee Hearing on “Behavioral Advertising: Industry Practices and Consumers’ Expectations”
Publications
June 16, 2009

The Subcommittee on Communications, Technology and the Internet and the Subcommittee on Commerce, Trade, and Consumer Protection will hold a joint hearing titled, “Behavioral Advertising: Industry Practices and Consumers’ Expectations” on Thursday, June 18, 2009, in 2123 Rayburn House Office Building. The hearing will examine the potential privacy implications of behavioral advertising.

INVITED WITNESSES:

* Jeffrey Chester, Executive Director, Center for Digital Democracy
* Scott Cleland, President, Precursor LLC
* Charles D. Curran, Executive Director, Network Advertising Initiative
* Christopher M. Kelly, Chief Privacy Officer, Facebook
* Edward W. Felten, Professor of Computer Science and Public Affairs, Princeton University
* Anne Toth, Vice President of Policy, Head of Privacy, Yahoo! Inc.
* Nicole Wong, Deputy General Counsel, Google Inc.

WHEN: 10:00 a.m. on Thursday, June 18

WHERE: 2123 Rayburn House Office Building



This is the second in a series of hearings on the subject of behavioral advertising. I’ll predict that the Democrats will praise Google, the Republicans will criticize them, and nobody will pay much notice to Yahoo.

I only know four of the six personally, I need to get out more.

New Broadband Czar

Trusted sources tell me Blair Levin is headed back to the FCC to be the Commissar of the People’s Glorious Five Year Plan for the Production of Bandwidth. He’d be a wonderful choice, of course, because he’s a bright and humorous fellow with no particular delusions about what he knows and what he doesn’t know. … Continue reading “New Broadband Czar”

Trusted sources tell me Blair Levin is headed back to the FCC to be the Commissar of the People’s Glorious Five Year Plan for the Production of Bandwidth. He’d be a wonderful choice, of course, because he’s a bright and humorous fellow with no particular delusions about what he knows and what he doesn’t know.

I haven’t been enthusiastic about this National Broadband Plan business myself, but if we’re going to have one, we’re going to have one, and it should be the best one on the planet. And no, that doesn’t mean that the object of the exercise is for America’s broadband users to have big foam number 1 fingers, it means we do something sensible with the people’s tax dollars.

The plan should figure out a meaningful way to measure progress, and it should fund some of the efforts to create the next-generation network that will one day supersede the TCP/IP Internet. We all love TCP/IP, mind you, but it’s a 35-year-old solution to a problem we understand a lot better today than we did in 1974. We’ll get a chance to see just how much vision the New FCC has by their reaction to this proposal.

UPDATE: Press reports are dribbling out about the appointment.

FCC Comments due in National Broadband Plan

See IEEE Spectrum for a few observations on the FCC’s request for comments on the National Broadband Plan: Comments are due Monday, June 8, at the FCC on the National Broadband Plan (NBP.) The Notice of Inquiry lists some 120 questions that the Commission would like filers to address, running the gamut from goals and … Continue reading “FCC Comments due in National Broadband Plan”

See IEEE Spectrum for a few observations on the FCC’s request for comments on the National Broadband Plan:

Comments are due Monday, June 8, at the FCC on the National Broadband Plan (NBP.) The Notice of Inquiry lists some 120 questions that the Commission would like filers to address, running the gamut from goals and benchmarks to open access to privacy to entrepreneurial activity to job creation. Anyone who compiles a list of so many questions clearly hasn’t given much thought to the problem under discussion, so it’s clear upon reading the NOI that we’re many years away from a good NBP, although we may have some vague and probably counter-productive guidelines much sooner: the FCC is supposed to report a plan to Congress by next February. Bear in mind that it took the US 20 years to convert from analog to digital TV, and we’re not even there yet.

There’s more.

Catching up

I’ve been too busy to blog lately, what with the conferences, a white paper I’m writing about protocols and regulation, a recalcitrant editor (at a local paper,) and a new gig blogging for IEEE Spectrum’s Tech Talk. My observations on networking and policy will be appearing there for the while. The focus over here is … Continue reading “Catching up”

I’ve been too busy to blog lately, what with the conferences, a white paper I’m writing about protocols and regulation, a recalcitrant editor (at a local paper,) and a new gig blogging for IEEE Spectrum’s Tech Talk. My observations on networking and policy will be appearing there for the while.

The focus over here is going to be pure politics and pure technology, with a little bit of baseball.

We’re in a silly season for politics at the moment:

* Pro-lifers committing murder
* Intellectuals practicing tribal politics
* Critics of tribal politics complaining about pronunciation
* Morons playing with statistics

The funniest among these (please note, there’s nothing funny about murder) is the conspiracy theory about Hillary fans among the car dealers getting off the shutdown hook. It comes as no big surprise that the source of the rumor is Doug Ross, the big net neutrality booster who used to comment here as “Director Blue” until I shut him off. The common thread is conspiracy theory, the essential philosophical basis of American politics.

Recycling Garbage Abroad

Advocates of network neutrality regulations have been largely unsuccessful in advancing their agenda in the US. The one case in which they claim to have secured a victory was the Vuze vs. Comcast action in the FCC, which was severely tainted by Vuze turning to porn to resuscitate its dying business: In a bid to … Continue reading “Recycling Garbage Abroad”

Advocates of network neutrality regulations have been largely unsuccessful in advancing their agenda in the US. The one case in which they claim to have secured a victory was the Vuze vs. Comcast action in the FCC, which was severely tainted by Vuze turning to porn to resuscitate its dying business:

In a bid to increase their revenue, among other things, Vuze has added a catalog of HD adult videos to their BitTorrent client. For a few dollars a month Vuze users can subscribe to the latest hotness. Of course, all torrents on the erotica network are well seeded.

The same FCC commissioners who levied an unlawful fine against CBS for the Janet Jackson wardrobe malfunction ordered Comcast to give free bandwidth to a porn site. (Feeling good about that, Chairman Copps? [ed: OK, that was a cheap shot, but Copps and I know each other.])

Not deterred by this spotty track record, wannabe neutrality regulator Cory Doctorow trots out the well-worn arguments for the overseas audience in a Guardian column that stinks of Dow Chemical’s overseas pesticide dumping:

Take the Telcoms Package now before the EU: among other things, the package paves the way for ISPs and Quangos to block or slow access to websites and services on an arbitrary basis. At the same time, ISPs are instituting and enforcing strict bandwidth limits on their customers, citing shocking statistics about the bandwidth hogs who consume vastly more resources than the average punter.

Between filtering, fiddling connection speeds and capping usage, ISPs are pulling the rug out from under the nations that have sustained them with generous subsidies and regulation.

Doctorow supports his arguments with a series of fanciful metaphors since there aren’t any real abuses for UK subjects to be upset about. Here’s a portion of my reaction in the comments:

Let’s take a closer look at Doctorow’s non-metaphoric claims:

“Between these three factors – (1) reducing the perceived value of the net, (2) reducing the ability of new entrants to disrupt incumbents, and (3) penalizing those who explore new services on the net – we are at risk of scaring people away from the network, of giving competitive advantage to firms in better-regulated nations, of making it harder for people to use the net to weather disasters, to talk to their government and to each other.”

I’ve numbered them for easy reference. So where’s the proof that these things are happening? For (1) we have this:

“ISPs would also like to be able to arbitrarily slow or degrade our network connections depending on what we’re doing and with whom. In the classic “traffic shaping” scenario, a company like Virgin Media strikes a deal with Yahoo…”

How do we know that ISPs want to slow or degrade our access, which would seem to drive us to a different ISP? The metaphoric example is offered as the proof. See the relevance?

For problem (2) , Doctorow offers:

“Unless, that is, the cost of entry into the market goes up by four or five orders of magnitude, growing to encompass the cost of a horde of gladhanding negotiators who must first secure the permission of gatekeepers at the telcoms giants…”

The problem with this, of course, is that the barriers to entry for new search and video services are the edge caches Google would like to install in the ISP networks, which do in fact give them a fast lane to the consumer (why else would Google want them?) and raise obstacles to start-ups. But American neutralists say these entry barriers are good because their friend Google wants to erect them, not a telco. Double standard.

And for (3), the evils of metered billing, we have this lovely little thing:

“Before you clicked on this article, you had no way of knowing how many bytes your computer would consume before clicking on it. And now that you’ve clicked on it, chances are that you still don’t know how many bytes you’ve consumed..”

Please. Metered billing systems aren’t going to operate on the differences between web pages. If Doctorow believed what he said about the Pareto Curve, he’d certainly be able to appreciate the difference between reading a thousand web pages vs watching a thousand videos. High bandwidth consumers aren’t doing anything “innovative,” they’re most likely downloading free porn. Who is this guy kidding?

Doctorow’s fiction may be very enjoyable, but his understanding of the Internet and his policy prescriptions are nonsense. Read the book, take a pass on the law.

What’s especially sad is how Doctorow tries to pander to the overseas audience by using a tonne of Brit slang, going on about “punters,” “Quangos,” pounds and pence, and making a tube reference; NN is all about tribal ID, and he gets just that much of it.

What slows down your Wi-Fi?

The Register stumbled upon an eye-opening report commissioned by the UK telecom regulator, Ofcom, on sources of Wi-Fi interference in the UK: What Mass discovered (pdf) is that while Wi-Fi users blame nearby networks for slowing down their connectivity, in reality the problem is people watching retransmitted TV in the bedroom while listening to their … Continue reading “What slows down your Wi-Fi?”

The Register stumbled upon an eye-opening report commissioned by the UK telecom regulator, Ofcom, on sources of Wi-Fi interference in the UK:

What Mass discovered (pdf) is that while Wi-Fi users blame nearby networks for slowing down their connectivity, in reality the problem is people watching retransmitted TV in the bedroom while listening to their offspring sleeping, and there’s not a lot the regulator can do about it.

Outside central London that is: in the middle of The Smoke there really are too many networks, with resends, beacons and housekeeping filling 90 per cent of the data frames sent over Wi-Fi. This leaves only 10 per cent for users’ data. In fact, the study found that operating overheads for wireless Ethernet were much higher than anticipated, except in Bournemouth for some reason: down on the south coast 44 per cent of frames contain user data.

When 90% of the frames are overhead, the technology itself has a problem, and in this case it’s largely the fact that there’s such a high backward-compatibility burden in Wi-Fi. Older versions of the protocol weren’t designed for obsolescence, so the newer systems have to take steps to ensure the older systems can see them, expensive ones, or collisions happen, and that’s not good for anybody. Licensed spectrum can deal with the obsolescence problem by replacing older equipment; open spectrum has to bear the costs of compatibility forever. So this is one more example of the fact that “open” is not always better.

Interlocking Directorates

The New York Times reports that regulators have an interest in the structure of the Apple and Google boards of directors: The Federal Trade Commission has begun an inquiry into whether the close ties between the boards of two of technology’s most prominent companies, Apple and Google, amount to a violation of antitrust laws, according … Continue reading “Interlocking Directorates”

The New York Times reports that regulators have an interest in the structure of the Apple and Google boards of directors:

The Federal Trade Commission has begun an inquiry into whether the close ties between the boards of two of technology’s most prominent companies, Apple and Google, amount to a violation of antitrust laws, according to several people briefed on the inquiry.

I doubt this will go very far, as the interlocking directors (Eric Schmidt and former Genentech CEO Arthur Levinson,) will simply resign before any enforcement action is imminent, but it does raise some interesting questions about the market for mobile phone operating systems, currently split between Apple, Google, Microsoft, Palm, and a few others. These systems are rife with limitations, each of which could be considered a network neutrality violation when viewed in just the right way.

I imagine Apple itself might wish to give Dr. Schmidt his walking papers before he becomes an anti-trust problem, which he actually isn’t at this point. The FTC’s interest in this obscure situation is probably a signal that the Administration wants to be viewed as an anti-trust hawk without doing anything substantial.

But this is what the law calls an “occasion of sin.” Dear me.

What Policy Framework Will Further Enable Innovation on the Mobile Net?

Here’s the video of the panel I was on at the Congressional Internet Caucus Advisory Committee’s “State of the Mobile Net” conference in DC last Thursday. This was the closing panel of the conference, where all the loose ends were tied together. For those who don’t live and breath Washington politics, I should do what … Continue reading “What Policy Framework Will Further Enable Innovation on the Mobile Net?”

Here’s the video of the panel I was on at the Congressional Internet Caucus Advisory Committee’s “State of the Mobile Net” conference in DC last Thursday. This was the closing panel of the conference, where all the loose ends were tied together. For those who don’t live and breath Washington politics, I should do what moderator Blair Levin didn’t do and introduce the panel. Levin was the head of the TIGR task force for the Obama transition, the master group for the review of the regulatory agencies and the administration’s use of technology. Kevin Werbach is a professor at the Wharton School, and took part in the FCC review for the transition along with Susan Crawford. He runs the Supernova conference. Larry Irving was part of the review of NTIA for the transition, and is a former Assistant Secretary of Commerce. Ben Scott is the policy guy at Free Press, and Alex Hoehn-Saric is legal counsel to the Senate Committee on Commerce, Science and Transportation.

Regulatory policy needs to be technically grounded, so I emphasized the tech side of things.

What I Did This Morning

While California was sleeping, I enjoyed a bit of broadband politics in the heart of the beast, testifying at the House Subcommittee on Communications, Technology, and the Internet on Communications Networks and Consumer Privacy: Recent Developments The Subcommittee on Communications, Technology, and the Internet held a hearing titled, “Communications Networks and Consumer Privacy: Recent Developments” … Continue reading “What I Did This Morning”

While California was sleeping, I enjoyed a bit of broadband politics in the heart of the beast, testifying at the House Subcommittee on Communications, Technology, and the Internet on Communications Networks and Consumer Privacy: Recent Developments

The Subcommittee on Communications, Technology, and the Internet held a hearing titled, “Communications Networks and Consumer Privacy: Recent Developments” on Thursday, April 23, 2009, in 2322 Rayburn House Office Building. The hearing focused on technologies that network operators utilize to monitor consumer usage and how those technologies intersect with consumer privacy. The hearing explored three ways to monitor consumer usage on broadband and wireless networks: deep packet inspection (DPI); new uses for digital set-top boxes; and wireless Global Positioning System (GPS) tracking.

Witness List

* Ben Scott, Policy Director, Free Press
* Leslie Harris, President and CEO, Center for Democracy and Technology
* Kyle McSlarrow, President and CEO, National Cable and Telecommunications Association
* Dorothy Attwood, Chief Privacy Officer and Senior Vice President, Public Policy, AT&T Services, Inc.
* Brian R. Knapp, Chief Operating Officer, Loopt, Inc.
* Marc Rotenberg, Executive Director, The Electronic Privacy Information Center
* Richard Bennett, Publisher, BroadbandPolitics.com

It went pretty well, all in all; it’s really good to be last on a panel, and the Reps aren’t as snarky as California legislators. I’ll have more on this later.

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Google’s Sweet Book Deal

If you read books, you’ll want to know what Robert Darnton has to say about the pending Google book deal, in Google & the Future of Books – The New York Review of Books. Here’s a teaser: As an unintended consequence, Google will enjoy what can only be called a monopoly—a monopoly of a new … Continue reading “Google’s Sweet Book Deal”

If you read books, you’ll want to know what Robert Darnton has to say about the pending Google book deal, in Google & the Future of Books – The New York Review of Books. Here’s a teaser:

As an unintended consequence, Google will enjoy what can only be called a monopoly—a monopoly of a new kind, not of railroads or steel but of access to information. Google has no serious competitors. Microsoft dropped its major program to digitize books several months ago, and other enterprises like the Open Knowledge Commons (formerly the Open Content Alliance) and the Internet Archive are minute and ineffective in comparison with Google. Google alone has the wealth to digitize on a massive scale. And having settled with the authors and publishers, it can exploit its financial power from within a protective legal barrier; for the class action suit covers the entire class of authors and publishers. No new entrepreneurs will be able to digitize books within that fenced-off territory, even if they could afford it, because they would have to fight the copyright battles all over again. If the settlement is upheld by the court, only Google will be protected from copyright liability.

A policy change of this magnitude should not be negotiated behind closed doors to the detriment of all purveyors of information but Google.