On the telebox, innit.
With a perfect storm of security, child protection and sexualisation and copyright enforcement we may be sleepwalking into the end of freedom online as we know it.
Deep Packet Inspection (DPI) may sound like something you definitely don’t want to hear your GP say, but the reality is arguably far worse.
The legal action against file sharing site Newzbin2 was the first large-scale legal action of its kind, and resulted in a legal order mandating BT to block its customers from accessing the site.
There are various ways of achieving this, from simply blocking the web address to more complex technical methods. But the question of key concern is whether BT should be able to inspect everything you see and do online to ensure that you’re not looking at a website.
In other words, is the price for copyright enforcement our privacy?
According to the Honourable Mr Justice Arnold, BT not only should be able to see every detail of what we do online, but the court expects it to look.
In section 6 of his ruling of the 26 October, Arnold says BT’s Cleanfeed technology should be used to stop users accessing the site, believing Cleanfeed involves “a two-stage system of IP address re-routing and DPI-based URL blocking.”
In human-speak, this means looking at the digital address of the website you want to look at, not just the www name, but also that BT should look at the individual ‘packets’ of data your PC transmits to make absolutely sure you’re not looking at that website. To use a well-worn analogy, it’s like the Royal Mail opening every letter you write to check one of them doesn’t include a copied CD.
Let’s be clear, there is no law, and this court order does not make it illegal, to view the contents of Newzbin2. Cleanfeed was developed to block images and sites connected to child abuse, and it’s suitability for this kind of enforcement is far from clear.
It’s also unlawful in the UK for a private company to intercept communications without the prior consent of both the sender and recipient. So, it would appear a UK judge has just ordered BT to break the criminal law, in the name of copyright enforcement – which remains a civil matter.
This kind of uncertainty and contradiction is not new; it has been at the heart of policy formulation in the UK for several years, and is evident in the hand-wringing around the Digital Economy Act and its enforcement.
However, this ruling does have a wider impact - it brings into question the way in which individual privacy is protected online and the regard with which it is held.
It should not be forgotten that no UK regulator took action against BT when it used deep packet inspection as part of its advertising business development. The UK’s attitude to privacy online has been one of a badly blurred human right, a data protection regime created before Google existed and mismatched legislation that authorises investigations into suspected terrorists.
There is little discussion of how online privacy can be protected, with most of the debate focused on whether privacy comes at too great a cost to society. This cannot be a healthy situation for a society that is democratic.
As the legal question of protecting intellectual property and enforcing the criminal law becomes blurred with the moral questions posed by the likes of Claire Perry, the future of British access – private access – to a free internet becomes ever less certain.
This week, the great and the good of the internet world gathered in London to discuss the impending doom that an explosion in cybercrime entails.
Yet perhaps the greatest threat lies from within, and with a perfect storm of security, child protection and sexualisation and copyright enforcement we may be sleepwalking into the end of freedom online as we know it.
First posted on the Commentator.
An interesting (and very entertaining judging by the reviews) take on Sir Stuart Bell - aka Britain’s laziest MP and the man who doesn’t see the point in constituency surgeries.
BAFTA nominated film-maker and Labour voter John Walsh was selected as the Conservative Candidate to take on Bell during the general election. According to Walsh, what he uncovers is a place where intimidation and neglect have scarred a town that politics has forgotten.
You can catch the film on Monday nightat the Frontline club (by Paddington Tube), at 7pm. Details here.
Slowly, we are waking up to the enormous risk to personal privacy posed by the misuse of personal information.
Big Brother Watch’s report into the data protection breaches in the NHS highlighted a number of harrowing individual cases. However, the wider cultural question is the one which should be of greatest concern.
In an age when ever more personal information is collected as a matter of routine by both the public and private sector, how that information is held and protected is of critical importance. When that information is of the kind of sensitive details found in medical records, lax attitudes towards confidentiality and privacy are unacceptable.
Despite the much publicised decision to scrap the last Government’s NHS IT boondoggle, one element was quietly retained – the Summary Care Record.
As highlighted by our report ‘Broken Records’, this system will allow more than 100,000 non-medical staff access to patient information, with no requirement or check that they have any need to see the contents of a record.
There are clear steps that can be taken. Proper audit trails of who accesses records – assigned to individuals, not terminals – will add accountability, and much more robust training about the importance of privacy.
This kind of measures will help develop a more rigorous and respectful culture around personal information. Equally important is the work being done by a range of groups to highlight the incidents that would otherwise go unreported and to keep up the pressure for more attention to be paid to the problem.
Furthermore, there are two fundamental changes that are of a more serious nature. Firstly, infringing the privacy of someone – be they a patient, customer or marketing database entry – should be treated far more seriously. Verbal warnings and counselling appear frequently in the research we conduct, and only in a small proportion is employment terminated.
Secondly, the penalties under the Data Protection Act are clearly inadequate. The corporate penalty is of insignificance to the large organisations that hold the most information, while individuals are likely to escape with a small fine.
There is also a broader question that should be asked much more frequently – how much information is needed to provide the service in the first place? Big Brother Watch will be talking much more in future about the tendency of organisations in both the public and private sector to harvest as much information as possible. Simply, the greater the volume of information held, the greater the risk to our privacy.
There is one final, legislative step that requires urgent attention. The Justice Select Committee was the latest body to call for prison sentences to be available to judges presiding over cases involving breaches of the Data Protection Act, a move Big Brother Watch had previously said is much needed along with the Information Commissioner.
This power has already been legislated; however it remains to be enacted.
If the Coalition is serious about civil liberties and protecting privacy, delaying further on giving courts the tools to protect our personal information is unforgivable.
Deep Packet Inspection (DPI) may sound like something you definitely don’t want to hear your GP say, but the reality is arguably far worse.
The legal action against file sharing site Newzbin2 was the first large-scale legal action of its kind, and resulted in a legal order mandating BT to block its customers from accessing the site.
There are various ways of achieving this, from simply blocking the web address to more complex technical methods. But the question of key concern is whether BT should be able to inspect everything you see and do online to ensure that you’re not looking at a website.
In other words, is the price for copyright enforcement our privacy?
According to the Honourable Mr Justice Arnold, BT not only should be able to see every detail of what we do online, but the court expects it to look.
In section 6 of his ruling of the 26 October, Arnold says BT’s Cleanfeed technology should be used to stop users accessing the site, believing Cleanfeed involves “a two-stage system of IP address re-routing and DPI-based URL blocking.”
In human-speak, this means looking at the digital address of the website you want to look at, not just the www name, but also that BT should look at the individual ‘packets’ of data your PC transmits to make absolutely sure you’re not looking at that website. To use a well-worn analogy, it’s like the Royal Mail opening every letter you write to check one of them doesn’t include a copied CD.
Let’s be clear, there is no law, and this court order does not make it illegal, to view the contents of Newzbin2. Cleanfeed was developed to block images and sites connected to child abuse, and it’s suitability for this kind of enforcement is far from clear.
It’s also unlawful in the UK for a private company to intercept communications without the prior consent of both the sender and recipient. So, it would appear a UK judge has just ordered BT to break the criminal law, in the name of copyright enforcement – which remains a civil matter.
This kind of uncertainty and contradiction is not new; it has been at the heart of policy formulation in the UK for several years, and is evident in the hand-wringing around the Digital Economy Act and its enforcement.
However, this ruling does have a wider impact - it brings into question the way in which individual privacy is protected online and the regard with which it is held.
It should not be forgotten that no UK regulator took action against BT when it used deep packet inspection as part of its advertising business development. The UK’s attitude to privacy online has been one of a badly blurred human right, a data protection regime created before Google existed and mismatched legislation that authorises investigations into suspected terrorists.
There is little discussion of how online privacy can be protected, with most of the debate focused on whether privacy comes at too great a cost to society. This cannot be a healthy situation for a society that is democratic.
As the legal question of protecting intellectual property and enforcing the criminal law becomes blurred with the moral questions posed by the likes of Claire Perry, the future of British access – private access – to a free internet becomes ever less certain.
This week, the great and the good of the internet world gathered in London to discuss the impending doom that an explosion in cybercrime entails.
Yet perhaps the greatest threat lies from within, and with a perfect storm of security, child protection and sexualisation and copyright enforcement we may be sleepwalking into the end of freedom online as we know it.
Quite possibly the best bit of judicial insight ever in a copyright case. One Spanish judge dismissed the idea that pirated copies are necessarily lost sales, with refreshing clarity.
“it is not possible to determine the damage and corresponding compensation due to loss of benefits to the rightsholder, for the simple reason that customers of pirated copies of music and movies, when making the purchase of pirated copies, externalize their decision not to be customers of music and movies as originals, so there is no profit that could have been gained. In other words, those customers either buy a pirated copy at a low price or they don’t buy an original at a price between 15 and 20 Euros.
In any case, reversing the legal argument, it is conceivable that a customer, after hearing or viewing the pirated copy, may decide to purchase the original, finding it to their taste, so that the sale of pirated copies, far from harming, benefits the market for original items.”
Europe may be back, but why is it even on the radar? Because there’s a vacuum at the heart of Government, and at the heart of the Conservative Party.
A rebellion is far more likely when there’s nothing for your supporters to rally behind. So it is even more worrying that the leadership of the Conservative party has had no detail, no vision, to offer backbench MPs and party activists on an issue that was always going to come up.
The crisis in the Eurozone has been on the agenda for so long now it is amazing how surprised Downing Street seems to have been taken by the whole thing. I have yet to hear a single clear policy objective from the Government, the main narrative has been about membership of the EU and the danger of withdrawal.
If you offer a vision, a way forward, then you can make the case for rejecting a course of action that would undermine your objective. That is why detail matters on what a Conservative government would do, if the Lib Dems are the issue, or alternatively what the Coalition will do at a treaty change.
Simply, because nobody knows what the Coalition wants to see from Europe - or indeed what a Conservative government would want to do - the only course of action available is what has been put infront of the house today. The underlying reason will not be dealt with by political discipline, and indeed does nothing to address the clear public concern on the issue.
David Cameron should have come to the house today with a clear plan of what he would do in the coming months, and offered leadership.
In arguing against change - rather than in favour of his own vision - he only added fuel to the fire and drove his MPs to rebellion.
If there’s one thing that winds me up, it’s MPs who have a wonderful ability to forget the recent past and absolve themselves of any responsibility.
So when Yvette Cooper turns up blaming ‘cuts’ for the proposed closure to Pontefract Hospital’s A&E Department I was particularly incensed, given I spent months shouting about the issue - it was front page on the election leaflet I delivered to every home across Normanton, Pontefract and Castleford; I raised it at every public meeting I spoke at;and I spoke to the local media about it. It holds a special significance for me, because I was born in Pontefract Hospital.
I warned that the range of facilities at the new Pontefract Hospital meant it was all but inevitable full A&E services would not continue. This was dismissed as ’scaremongering’ by Yvette’s team. For her to now claim to be on the side of those of us who have seen this coming for years is not only disingenuous but downright offensive.
I repeatedly highlighted the warnings passed to me by staff that the new hospital was not going to have a range of facilities essential for running a full A&E. No acute care beds, no emergency ambulance bays, no morgue.I asked whether we had been misled over the new A&E, while Yvette didn’t even think the new hospital worthy of a mention on her election address. (Below)
And heaven forbid we ask who the Junior Health Minister was at the time the new hospital plans were being finalised? Yes, one Yvette Cooper.
Every decision made concerning Pontefract Hospital was taken under a Labour government. From the grossly expensive PFI deal that has seen parikng charges rocket to the lack of ambulance bays and facilities essential to running a full A&E, there is only one thing Yvette should be saying today and that is sorry.
I could hurl abuse, but instead I shall sit, put my iPod on and smile.
The three wise men (or stooges, depending on your perspective) of Labour’s comeback have hailed their new policies over the past few days - seemingly without any sense of irony that they are not exactly on solid ground as far as credibility is concerned.
Ed Miliband: “We will cut tuition fees to £6,000.”
– Labour Manifesto, 1997: “We will not introduce tuition fees.”
– Tuition fees introduced in 1998.
– Labour Manifesto 2001: “We will not introduce top-up fees.”
– Top-up fees introduced in 2004, trebling the level of fees.
Ken Livingstone:”I will cut fares”
– Between 2005 and 2007, the single Oyster bus fare under Livingstone rose by 42 per cent (from 70p to £1)
–In 2007, there was a 25 per cent increase in the off-peak Oyster bus fare, greater than any rise Boris has imposed on it.
Ed Balls:”we will set out for our manifesto tough fiscal rules that the next Labour government will have to stick to”
– In 2006, Treasury figures showed that Chancellor Brown would have broken his ‘Golden Rule’ by £2.5bn. So he moved the dates of the economic cycle.