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Thread: Internet Regulation

  1. #31

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    They usually put in a clause about 'excessive use' to give them a get out of free jail card. I agree they should tell you exactly how much you can download.

  2. #32

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    U.N. agency eyes curbs on Internet annymity

    September 12, 2008 4:00 AM PDT
    Posted by Declan McCullagh


    A United Nations agency is quietly drafting technical standards, proposed by the Chinese government, to define methods of tracing the original source of Internet communications and potentially curbing the ability of users to remain anonymous.

    The U.S. National Security Agency is also participating in the "IP Traceback" drafting group, named Q6/17, which is meeting next week in Geneva to work on the traceback proposal. Members of Q6/17 have declined to release key documents, and meetings are closed to the public.

    The potential for eroding Internet users' right to remain anonymous, which is protected by law in the United States and recognized in international law by groups such as the Council of Europe, has alarmed some technologists and privacy advocates. Also affected may be services such as the Tor anonymizing network.

    "What's distressing is that it doesn't appear that there's been any real consideration of how this type of capability could be misused," said Marc Rotenberg, director of the Electronic Privacy Information Center in Washington, D.C. "That's really a human rights concern."

    Nearly everyone agrees that there are, at least in some circumstances, legitimate security reasons to uncover the source of Internet communications. The most common justification for tracebacks is to counter distributed denial of service, or DDoS, attacks.

    But implementation details are important, and governments participating in the process -- organized by the International Telecommunication Union, a U.N. agency -- may have their own agendas. A document submitted by China this spring and obtained by CNET News said the "IP traceback mechanism is required to be adapted to various network environments, such as different addressing (IPv4 and IPv6), different access methods (wire and wireless) and different access technologies (ADSL, cable, Ethernet) and etc." It adds: "To ensure traceability, essential information of the originator should be logged."

    The Chinese author of the document, Huirong Tian, did not respond to repeated interview requests. Neither did Jiayong Chen of China's state-owned ZTE Corporation, the vice chairman of the Q6/17's parent group who suggested in an April 2007 meeting that it address IP traceback.

    A second, apparently leaked ITU document offers surveillance and monitoring justifications that seem well-suited to repressive regimes:

    A political opponent to a government publishes articles putting the government in an unfavorable light. The government, having a law against any opposition, tries to identify the source of the negative articles but the articles having been published via a proxy server, is unable to do so protecting the anonymity of the author.

    That document was provided to Steve Bellovin, a well-known Columbia University computer scientist, Internet Engineering Steering Group member, and Internet Engineering Task Force participant who wrote a traceback proposal eight years ago. Bellovin says he received the ITU document as part of a ZIP file from someone he knows and trusts, and subsequently confirmed its authenticity through a second source. (An ITU representative disputed its authenticity but refused to make public the Q6/17 documents, including a ZIP file describing traceback requirements posted on the agency's password-protected Web site.)

    Bellovin said in a blog post this week that "institutionalizing a means for governments to quash their opposition is in direct contravention" of the U.N.'s own Universal Declaration of Human Rights. He said that traceback is no longer that useful a concept, on the grounds that few attacks use spoofed addresses, there are too many sources in a DDoS attack to be useful, and the source computer inevitably would prove to be hacked into anyway.

    Another technologist, Jacob Appelbaum, one of the developers of the Tor anonymity system, also was alarmed. "The technical nature of this 'feature' is such a beast that it cannot and will not see the light of day on the Internet," Appelbaum said. "If such a system was deployed, it would be heavily abused by precisely those people that it would supposedly trace. No blackhat would ever be caught by this."

    Adding to speculation about where the U.N. agency is heading are indications that some members would like to curb Internet anonymity more broadly:
    • An ITU network security meeting a few years ago concluded that anonymity should not be permitted. The summary said: "Anonymity was considered as an important problem on the Internet (may lead to criminality). Privacy is required but we should make sure that it is provided by pseudonymity rather than anonymity."

    • A presentation in July from Korea's Heung-youl Youm said that groups such as the IETF should be "required to develop standards or guidelines" that could "facilitate tracing the source of an attacker including IP-level traceback, application-level traceback, user-level traceback." Another Korean proposal -- which has not been made public -- says all Internet providers "should have procedures to assist in the lawful traceback of security incidents."

    • An early ITU proposal from RAD Data Communications in Israel said: "Traceability means that all future networks should enable source trace-back, while accountability signifies the responsibility of account providers to demand some reasonable form of identification before granting access to network resources (similar to what banks do before opening a bank accounts)."


    Multinational push to curb anonymous speech

    By itself, of course, the U.N. has no power to impose Internet standards on anyone. But U.N. and ITU officials have been lobbying for more influence over the way the Internet is managed, most prominently through the World Summit on the Information Society in Tunisia and a followup series of meetings.

    The official charter of the ITU's Q6/17 group says that it will work "in collaboration" with the IETF and the U.S. Computer Emergency Response Team Coordination Center, which could provide a path toward widespread adoption -- especially if national governments end up embracing the idea.

    Patrick Bomgardner, the NSA's chief of public and media affairs, told CNET News on Thursday that "we have no information to provide on this issue." He would not say why the NSA was participating in the process (and whether it was trying to fulfill its intelligence-gathering mission or its other role of advancing information security).

    Toby Johnson, a communications officer with the ITU's Telecommunication Standardization Bureau in Geneva, also refused to discuss Q6/17. "It may be difficult for experts to comment on what state deliberations are in for fear of prejudicing the outcome," he said in an e-mail message on Thursday.

    When asked about the impact on Internet anonymity, Johnson replied: "I am not fully acquainted with this topic and therefore not qualified to provide an answer." He said that he expects that any final ITU standard would comport with the U.N.'s Universal Declaration of Human Rights.

    It's unclear what happens next. For one thing, the traceback proposal isn't scheduled to be finished until 2009, and one industry source stressed that not all members of Q6/17 are in favor of it. The five "editors" are: NSA's Richard Brackney; Tian Huirong from China's telecommunications ministry; Korea's Youm Heung-Youl; Cisco's Gregg Schudel; and Craig Schultz, who works for a Japan-based network security provider. (In keeping with the NSA's penchant for secrecy, Brackney was the lone ITU participant in a 2006 working group who failed to provide biographical information.)

    In response to a question about the eventual result, Schultz, one of the editors, replied: "The long answer is, as you can probably imagine, this subject can get a little 'tense.' The main issue is the protection of privacy as well as not having to rely on 'policy' as part of a process. A secondary issue is feasibility and cost versus benefit." He said a final recommendation is at least a year off.

    Another participant is Tony Rutkowski, Verisign's vice president for regulatory affairs and longtime ITU attendee, who wrote a three-page summary for IP traceback and a related concept called "International Caller-ID Capability."

    In a series of e-mail messages, Rutkowski defended the creation of the IP traceback "work item" at a meeting in April, and disputed the legitimacy of the document posted by Bellovin. "The political motivation text was not part of any known ITU-T proposal and certainly not the one which I helped facilitate," he wrote.

    Rutkowski added in a separate message: "In public networks, the capability of knowing the source of traffic has been built into protocols and administration since 1850! It's widely viewed as essential for settlements, network management, and infrastructure protection purposes. The motivations are the same here. The OSI Internet protocols (IPv5) had the capabilities built-in. The ARPA Internet left them out because the infrastructure was a private DOD infrastructure."

    Because the Internet Protocol was not designed to be traceable, it's possible to spoof addresses -- both for legitimate reasons, such as sharing a single address on a home network, and for malicious ones as well. In the early part of the decade, a flurry of academic research focused on ways to perform IP tracebacks, perhaps by embedding origin information in Internet communications, or Bellovin's suggestion of occasionally automatically forwarding those data in a separate message.

    If network providers and the IETF adopted IP traceback on their own, perhaps on the grounds that security justifications outweighed the harm to privacy and anonymity, that would be one thing.

    But in the United States, a formal legal requirement to adopt IP traceback would run up against the First Amendment. A series of court cases, including the 1995 decision in McIntyre v. Ohio Elections Commission, provides a powerful shield protecting the right to remain anonymous. In that case, the majority ruled: "Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority."

    More broadly, the ITU's own constitution talks about "ensuring the secrecy of international correspondence." And the Council of Europe's Declaration on Freedom of Communication on the Internet adopted in 2003 says nations "should respect the will of users of the Internet not to disclose their identity," while acknowledging law enforcement-related tracing is sometimes necessary.

    "When NSA takes the lead on standard-setting, you have to ask yourself how much is about security and how much is about surveillance," said the Electronic Privacy Information Center's Rotenberg. "You would think (the ITU) would be a little more sensitive to spying on Internet users with the cooperation of the NSA and the Chinese government."

  3. #33

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    So now we're going to follow China's lead in defining personal freedom? I thought it was supposed to be the other way around, but hey, it's the post-Olympic era.

    McCain in the White House, the smarmy leering hyena Giuliani as Attorney General, and we're on board.

  4. #34

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    Zippy, Identity Management will be implemented based on a cyberwarfare national security footing. There are those intent on remaking the internet as a virtual police state war zone complete with checkpoints and government exercised aggression.

    The UN will become involved to create a kind of 'Geneva Conventions' framework for cyberwarfare -- to protect civilians of course. (But first there needs to be an internet 9/11.)

    *****

    U.S. urged to go on offense in cyberwar
    Networks seen at risk of attack

    Shaun Waterman, UNITED PRESS INTERNATIONAL
    Monday, September 29, 2008


    The United States needs to do more to develop an offensive cyberwar capability rather than just focus on defending its networks from attack, says the chairman of the House cybersecurity subcommittee.

    "The best defense is a good offense and an offensive [cyberwar] capability is essential to our national defense," Rep. Jim Langevin told United Press International, calling it "a necessary deterrent."

    "Warfare is forever changed. ... Never again will we see major warfare without a strong cyber component executed as part of it," the Rhode Island Democrat added, citing the assault on Georgian government Web sites that accompanied Russia's invasion last month.

    Mr. Langevin, chairman of the House Homeland Security subcommittee on emerging threats, cybersecurity and science and technology and a member of the House Permanent Select Committee on Intelligence, also called on the White House to declassify much more of its Comprehensive National Cybersecurity Initiative (CNCI) and said the Department of Homeland Security should be stripped of its lead role in defending the nation's computer networks.

    His call for a more robust offensive capacity in cyberwarfare highlights an ongoing debate in government about how best to address the complex challenges posed by U.S. dependence on the Internet and other computer networks - a vulnerability that the nation's enemies could exploit.

    One issue that analysts highlight is the difficulty in determining the origins of cyber-attacks, which often are launched using "bot-nets" of compromised computers owned by innocent users anywhere on the planet.

    The issue was raised earlier this month in two House hearings in which lawmakers heard testimony from members of a bipartisan, blue-ribbon panel - the Commission on Cyber Security for the 44th Presidency.

    "We have a tremendous amount of trouble determining attribution ... where an attack actually came from, who was responsible, who might have been behind that computer. And we have a very, very long way to go on that," commission member Paul Kurtz, a former White House cybersecurity official, told the House intelligence committee.

    "Until we start to get clarity in that piece, it's going to be very difficult to contemplate the military option, of responding appropriately," Mr. Kurtz added.

    Another issue raised at the hearings was that, in order for any offensive capacity to be a deterrent for adversaries, it would have to be made public, whereas the U.S. military's cyberwar capacities are largely classified.

    "Clearly, our offensive capabilities and sources and methods we probably do not want to disclose in any detailed way," AT&T executive John Nagengast, formerly an assistant deputy director at the National Security Agency, told the committee.

    "But as part of an overall doctrine and strategy in cyberspace, we need to consider what are the deterrent factors. ... [What] do we want to make public, as part of that deterrence strategy, and what do we need to keep secret because most of our offensive capabilities should be kept secret?" he added.

    Former intelligence official Suzanne E. Spaulding told the hearing that focusing on offensive capabilities and giving a lead role to the military might make it harder for the United States to work with other countries on cyber issues, where the lines separating crime, terrorism and warfare are often hard to draw.

    "My concern is that [the Defense Department] has been so vocal about the development and deployment of cyberwarfare capabilities that it will be very difficult for that department to develop and sustain the trust necessary to undertake essential collaboration on defense cybersecurity efforts with the private sector and with international stakeholders," she said.

    "There is a significant risk that these vital partners will suspect that the collaboration is really aimed at strengthening our offensive arsenal," she concluded.

    Mr. Langevin told UPI that work on international treaties to deal with cyberwar offered no real alternative to developing an offensive capability.

    "That discussion at the international level may be appropriate at some point," he said. "There are treaties on cybercrime that do exist, but it doesn't mean that cybercrime doesn't occur."

    *****

    FederalNewsRadio coverage [listen]

  5. #35

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    Australia planning to block 10,000 websites

    Global Research, November 14, 2008
    telegraph.co.uk

    Australia is preparing to block public access to 10,000 websites deemed to carry "unwanted content".

    By Bonnie Malkin in Sydney

    The websites will be blocked as part of a government-sponsored trial of its filter technology that will start before Christmas and last six weeks.

    The government has already identified 1300 websites that it wants to black list as part of the clean feeds scheme.

    Communications Minister Stephen Conroy said the sites mostly contained child pornography and other unwatned content, including images and videos.

    "While the ACMA blacklist is currently around 1300 URLs, the pilot will test against this list - as well as filtering for a range of URLs to around 10,000 - so that the impacts on network performance of a larger blacklist can be examined," se said.

    The government is calling for ISP providers to express interest in taking part in the trial. Just one ISP has volunteered so far.

    A spokesman for Mr Conroy said: ''The pilot will provide an invaluable opportunity for ISPs to inform the Government’s approach.

    ''The live pilot will provide valuable real-world evidence of the potential impact on internet speeds and costs to industry and will help ensure we implement a filtering solution that is efficient, effective and easy for Australian families to use.''

    A trial of web-filtering technology earler this year found it could slow internet access by as much as 87 per cent and by at least 2 per cent. Australia's internet service is already notoriously sluggish.

    The proposed filter is highly unpopular with civil liberty groups and the internet service industry.

    Colin Jacobs, board member of Electronic Frontiers Australia said he was concerned at what would be deemed "unwanted content".

    "It is unclear how ACMA will scale up their blacklist to 10,000 websites and what will go on the list," he told the Melbourne Herald-Sun.

    "Conroy said the list would contain illegal and unwanted content but we still have to see what would end up on that list.

    "Under the current mandate that includes adult material, which would mean most material that could be rated R and, in some circumstances, material rated MA15+."

  6. #36

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    Free Web Plan Being Pushed by FCC Head

    NOVEMBER 30, 2008, 9:00 P.M. ET
    By AMY SCHATZ


    Outgoing Federal Communications Commission Chairman Kevin Martin is pushing for action in December on a plan to offer free, pornography-free wireless Internet service to all Americans, despite objections from the wireless industry and some consumer groups.

    At its December meeting, the FCC could also consider new rules designed to speed up consideration of disputes between independent cable programmers and cable providers such as Time Warner Cable Inc. and Comcast Corp., which either refuse to carry some channels or put them on specialty tiers of service that cost subscribers more.

    The agency also will ask for more feedback on its proposal to require programmers to sell their channels to cable operators individually instead of in bundles.

    The free Internet plan is the most controversial issue the agency will tackle in December. Mr. Martin shelved plans to consider a wider variety of sticky issues pending at the agency, including a request by the Hollywood studios to hobble TVs and set-top boxes so studios can offer copy-protected theatrical releases sooner.

    The proposal to allow a no-smut, free wireless Internet service is part of a proposal to auction off a chunk of airwaves. The winning bidder would be required to set aside a quarter of the airwaves for a free Internet service. The winner could establish a paid service that would have a fast wireless Internet connection. The free service could be slower and would be required to filter out pornography and other material not suitable for children. The FCC's proposal mirrors a plan offered by M2Z Networks Inc., a start-up backed by Kleiner Perkins Caufield & Byers partner John Doerr.

    Consumer advocates have objected to the FCC's proposed pornography filter, while the wireless industry has objected to the entire free Internet plan. To address concerns about the filter, the FCC is proposing that adults could opt out and access all Internet sites.

    T-Mobile USA, in particular, has raised concerns. The Deutsche Telekom AG unit paid about $4 billion a few years ago for nearby airwaves and has complained that the free wireless Internet plan will likely result in interference for consumers of its new 3G wireless network. The FCC dismissed the company's interference concerns this fall, although T-Mobile disagreed with that finding.

    *****

    A comment by Shaun Hazen:
    "Free Internet can be obtained from our wonderful taxpayer funded libraries. This is another example of the government taking control of an industry; making it so other privately owned companies cannot compete. Once the government has the entire market share, due to the free price tag, they can filter content. China does something similar. Once people actually realize what the government has done, and want to pay for private Internet access - it will be too costly for private markets to enter. When people start realizing that there is no such thing as "free" - because someone has to pay for it - we will be a lot better off."

  7. #37
    Chief Antagonist Ninjahedge's Avatar
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    Jason, you should LOVE this one...

    http://www.nytimes.com/2008/11/30/ma...xprod=facebook

    Google trying to play to its international markets, and Turkey being a whiney little baby.

  8. #38

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    Experts say U.S. needs a cybersecurity agency

    Deborah Gage, Chronicle Staff Writer
    Tuesday, December 9, 2008
    (12-08) 18:11 PST
    -- The Department of Homeland Security has failed to secure the Internet and should no longer take the lead role in trying, say government and security experts who on Monday urged President-elect Barack Obama to create a new national office to police cyberspace.

    Their report also calls for new laws to protect privacy and speed investigations of cybercrimes; strong identification of all people and devices connecting to networks belonging to power plants and other organizations critical to U.S. security; and secure software for everybody who connects to the Internet - not just the military and national security agencies.

    The recommendations are included in a 96-page document (pdf), "Securing Cyberspace for the 44th Presidency," released Monday by the Center for Strategic and International Studies.

    The center, a nonprofit think tank in Washington, began working on this report last year after cyberattacks were launched against the country of Estonia and several U.S. federal agencies, including the Pentagon and the departments of commerce and state.

    "We still have an industrial-age government that was organized a century ago," Jim Lewis, the center's director, said in an interview in September. "The DHS has a 1970s-style solution to a 21st century problem."

    The Department of Homeland Security was formed by the Bush administration from 22 separate agencies after the Sept. 11 terrorist attacks and was the biggest reorganization of the federal government.

    Lewis said in the same interview that although the department has made some progress on cybersecurity, the government would still in some cases have to call a committee meeting if it suffered a cyberattack because so many different agencies have jurisdiction over the problem. Every branch of the military, for example, has its own cybercommand.

    Members of Obama's transition team - at least five of whom contributed to the report - look forward to reviewing the recommendations, a spokeswoman said. The Department of Homeland Security, however, disagreed with its conclusions.

    "We're the first ones to admit that there's more work to be done ... but to stop midstream and reorganize the deck chairs is not an effective use of resources," said department spokeswoman Laura Keener.

    The report has bipartisan backing from the lead Democrat and ranking minority member - Rep. James Langevin, D-R.I., and Rep. Michael McCaul, R-Texas - of a House Homeland Security subcommittee in charge of legislation in this area, as well as contributions from more than 50 academics and security experts.

    It also comes as an unprecedented amount of malicious code is being released on the Internet, code that in some cases is designed to attack and steal intellectual property from Fortune 500 companies, said Mary Landesman, a researcher at ScanSafe, a security vendor in San Francisco.

    ScanSafe scans Web sites for corporate clients and blocks those that it detects as compromised. The company has detected malicious code coming from Russia and especially China that is capable of detecting which systems it has infected and then invisibly redirecting victims to fake Web sites or altering data as it passes between computers in order to steal information.

    Energy and oil companies are especially targeted - in October, their rate of exposure to these attacks was up 73 percent, Landesman said - along with banks, financial companies and engineering and construction firms. She said thousands of companies are at risk.

    In some cases, the infections were introduced when employees used corporate machines to access Web mail or browse social networks at home. Or they brought infected USB drives into the office and loaded them on corporate machines.

    "For the first time, back doors and password stealers outpace all other forms of malware," she said. "The level of sophistication (of these attacks) is very concerning."

    Several other security vendors - including SecureWorks, Symantec, McAfee and Finjan - also are releasing reports citing increases in malicious code and various cyberattacks.

    How government could tighten Internet security

    Cybersecurity experts are urging Obama to:

    -- Commit to protecting cyberspace using all instruments of national power.

    -- Establish a new National Office for Cyberspace, moving responsibility from the Department of Homeland Security.

    -- Foster a public-private partnership on cybersecurity.

    -- Require strong authentication of identity on critical infrastructures for both devices and people, and allow consumers to use government-issued credentials online.

    -- Streamline laws governing online crime to increase investigation speed.

    Source: Securing Cyberspace for the 44th Presidency, Center for Strategic and International Studies


    E-mail Deborah Gage at dgage@sfchronicle.com.
    This article appeared on page D - 1 of the San Francisco Chronicle

  9. #39

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    Martin drops porn filtering from FCC free wireless broadband plan

    By Matthew Lasar | Published: December 29, 2008 - 11:22PM CT

    Kevin Martin, the Chair of the Federal Communications Commission, called Ars Technica today to let us know that he has revised his proposal to roll out a free (and smut-free) wireless broadband service. In an effort to corral more votes, Martin has already circulated a new version of the plan, one that removes the controversial smut filtering requirement.

    Why the change? "I'm saying if this is a problem for people, let's take it away," Martin said. "A lot of public interest advocates have said they would support this, but we're concerned about the filter. Well, now there's an item in front of the Commissioners and it no longer has the filter. And I've already voted for it without the filter now. So it's already got one vote."

    "Got anybody else?" I asked him.

    "Not yet," Martin admitted with a chuckle. Then he expressed a bit of impatience with his four colleagues. "This is an item that has been pending at the Commission for several years, that the Commissioners were originally critical of not having moved forward faster," he said. "Other Commissioners said, 'We're overdue; we've got to do this.' But when an actual item is put forth where you have to make a hard decision, they say, 'Well, I'm not so sure what I want to do anymore'."

    Lifeline broadband

    As we have been reporting for some time, the FCC's outgoing boss has been championing a proposal to auction off a hefty chunk of the Advanced Wireless Services 3 band (2155-2180MHz) for a free service that (until now) was to come complete with smut filtering.

    The license winner would be required to offer the service at a minimum 768Kpbs; it's obviously not the fastest rate in town, but it meets the FCC's new and improved definition of "basic" broadband. The provider will have to honor a Carterfone-style rule that allows any application or device to connect to the network, and the license will last for ten years, with ten-year renewal periods. The licensee must roll out coverage to half of the US population within four years and reach 95 percent of the country by the end of the first decade.

    What Martin calls a "lifeline broadband service" certainly has its supporters, but it has had plenty of detractors, too, including the wireless industry, the Bush administration, key Republicans in the House of Representatives, and civil liberties advocates who have all but called the scheme government-sanctioned censorship.

    But Public Knowledge, Consumers Union, and the Media Access Project, among other groups, have suggested that the basic idea, sans filtering and bolstered by stronger open access requirements, has potential. "We appreciate the potential of a new service that could provide a genuine alternative to the current wireline cable modem/DSL duopoly," they have written.

    Martin wanted the FCC to vote on this issue at an Open Commission meeting scheduled for December 18 but then bowed to Congressional calls for its cancellation. The FCC is scheduled to meet via audio conference on Tuesday, but there are no agenda items attached to the event. That will be Republican Commissioner Deborah Taylor Tate's last meeting.
    "Tate was one of the Commissioners who I thought was most likely to be supportive of the filtering concept," said Martin. "She's been very involved in children's issues and I think that she had spoken favorably in the past of this idea of the filter for children."

    The filter concept is history now. As for the revised proposal, the agency is scheduling another Open Commission meeting for January 15. That may very well be Kevin Martin's final formal FCC appearance, and we have no word yet on what dockets will come up during the meeting.

    "Typically in January all the Commission does is do reports on the status of the industry," Martin said. "That's what we've done for the last few years, saying 'Here's what the Commission has been trying to achieve. Here's where we are'."

    But the Commissioners could give the go-ahead to the re-smuttified free broadband plan at any time—assuming Martin gets at least two more votes for his new proposal, and gets them quick.

  10. #40

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    "government has no right to censor protected speech on the Internet, and it cannot reduce adults to hearing and seeing only speech that the government considers suitable for children."
    Supreme Court strikes down Internet censorship law

    Nick Cargo
    Published: Wednesday January 21, 2009


    It took ten years, but free speech advocates are celebrating the demise of a controversial law they said violated the First and Fifth Amendments in its aims to "protect children."

    The American Civil Liberties Union announced Wednesday that the Supreme Court will not hear Mukasey v. ACLU, the Bush administration's attempt to appeal federal court rulings against the Child Online Protection Act (COPA), passed by Congress in 1998 after the fall of the 1996 Communications Decency Act.

    "For over a decade the government has been trying to thwart freedom of speech on the Internet, and for years the courts have been finding the attempts unconstitutional," said ACLU senior staff attorney and lead counsel Chris Hansen. "It is not the role of the government to decide what people can see and do on the Internet. Those are personal decisions that should be made by individuals and their families."

    Federal Judge Lowell A. Reed Jr. in Philadelphia struck the first blow to the law with an injunction in 1999, the Third Circuit of the United States Court of Appeals upholding the decision in June 2000. The Supreme Court concurred in June 2004, pending trial. Judge Reed, in early 2007, again ruled COPA unconstitutional, leading to Mukasey.

    COPA, as codified, would have made it an offense punishable by a fine up to $50,000 and/or up to 6 months' imprisonment for transmitting "any material that is harmful to minors" for commercial purposes on the World Wide Web if not put behind a safeguard such as a requirement for payment or a special access code. Additional fines would have been levied for "intentionally" violating the law.

    Material deemed "harmful to minors" under COPA included written, photographic, recorded and otherwise "communicated" material that, based on the average person's interpretation of "contemporary community standards," is "obscene" or "designed to appeal to, or is designed to pander to, the prurient interest." The law further reads that any material that "depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast," that "taken as a whole, lacks serious literary, artistic, political or scientific value for minors."

    Among the plaintiffs in the lawsuit, filed by the ACLU and the Electronic Frontier Foundation was novelist and activist Patricia Nell Warren of Wildcat Press. "Wildcat's position was this," she said. "[These] two bills were supposedly aimed at hard-core porn but they were so broadly written that they would be used to criminalize the commercial provision of all kinds of legitimate content to minors on the Internet, whether health information or literature. And such laws definitely would be used by ultraconservatives to limit availability of LGBT content on the Web. For this reason, we felt that it was important for us, as a gay-owned small press, to participate in these lawsuits. The Philadelphia Gay News was also involved.

    "The Supreme Court decision puts the onus where it belongs -- on parents, who have the right to use software filters to try keeping their minor kids from viewing material that they disapprove of."

    "The Court's decision not to review COPA for a third time affirms what we have been saying all along," ACLU Legal Director Steven R. Shapiro said. "[The] government has no right to censor protected speech on the Internet, and it cannot reduce adults to hearing and seeing only speech that the government considers suitable for children."

    *****

    Part of the ACLU's closing argument [pdf] was that loss of anonymity acted as a deterrent to free speech and its dissemination, since many are unwilling to provide truthful personal information or credit card information to simply view or share content.

    What does this do to the push by the Federal government to mandate non-anonymity as a requirement for merely accessing the internet? Opposition based on login cost prohibitions by content providers would effectively be neutralized since the National Surveillance Apparatus (NSA) would likely administer and control any access ID scheme. The 'chilling effect' on the other hand apparently remains a sturdy opponent to attempts at government mandated loss of internet anonymity.

  11. #41
    Chief Antagonist Ninjahedge's Avatar
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    It was just too vague a law.

    Even Salon.com was brought up on charges for this.

    Also, when they say "a communities definition of decency" that can get you in a LOT of trouble. What happens when an area becomes a center for a group of ultra-conservatives (such as certain Muslim sects that require women to be covered head to toe).

    The law itself was just carte blank for anyone to call something filthy and get it removed from the net.

  12. #42

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    Obama orders 'sweeping' review of US cybersecurity

    Agence France-Presse
    Published: Tuesday February 10, 2009


    WASHINGTON (AFP) — President Barack Obama announced a sweeping review of US cybersecurity to protect the government's information technology systems from security and economic threats.

    The 60-day review is to be overseen by Melissa Hathaway, a former official in George W. Bush's presidency who coordinated cyber monitoring for the director of national intelligence, according to a White House statement.

    During the election campaign, Obama had equated cyber risks to the threat of nuclear or biological attack and promised a high-level review if he became president.

    "The national security and economic health of the United States depend on the security, stability, and integrity of our nation's cyberspace, both in the public and private sectors," said Obama's assistant for counterterrorism and homeland security John Brennan.

    "The president is confident that we can protect our nation's critical cyber infrastructure while at the same time adhering to the rule of law and safeguarding privacy rights and civil liberties," he said in the statement.

    The Bush administration was accused of trampling on civil liberties through intrusive monitoring of both telephone and computer traffic.

    But the threat of cyber attacks on official US systems has been laid bare in recent years with a spate of hacking incidents, including several blamed on China.

    A congressional panel warned in November that China had developed a sophisticated cyber warfare program and stepped up its capacity to penetrate US computer networks to extract sensitive information.

    And a December report by the Commission on Cybersecurity for the 44th Presidency told the new leader that cybersecurity was "among the most serious economic and national security challenges we will face in the 21st century."

    FULL WHITE HOUSE PRESS RELEASE follows:
    President Obama has directed the National Security and Homeland Security Advisors to conduct an immediate review of the plan, programs, and activities underway throughout the government dedicated to cyber security.

    This 60-day interagency review will develop a strategic framework to ensure that U.S. Government cyber security initiatives are appropriately integrated, resourced and coordinated with Congress and the private sector.

    "The national security and economic health of the United States depend on the security, stability, and integrity of our Nation’s cyberspace, both in the public and private sectors. The President is confident that we can protect our nation’s critical cyber infrastructure while at the same time adhering to the rule of law and safeguarding privacy rights and civil liberties," said Assistant to the President for Counterterrorism and Homeland Security John Brennan.

    Melissa Hathaway, who has served as Cyber coordination Executive to the Director of National Intelligence, will lead the review and will serve as Acting Senior Director for Cyberspace for the National Security and Homeland Security Councils during the review period.

  13. #43

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    Do We Need a New Internet?

    New York Times
    By JOHN MARKOFF | February 15, 2009


    Two decades ago a 23-year-old Cornell University graduate student brought the Internet to its knees with a simple software program that skipped from computer to computer at blinding speed, thoroughly clogging the then-tiny network in the space of a few hours.

    The program was intended to be a digital “Kilroy Was Here.” Just a bit of cybernetic fungus that would unobtrusively wander the net. However, a programming error turned it into a harbinger heralding the arrival of a darker cyberspace, more of a mirror for all of the chaos and conflict of the physical world than a utopian refuge from it.

    Since then things have gotten much, much worse.

    Bad enough that there is a growing belief among engineers and security experts that Internet security and privacy have become so maddeningly elusive that the only way to fix the problem is to start over.

    What a new Internet might look like is still widely debated, but one alternative would, in effect, create a “gated community” where users would give up their anonymity and certain freedoms in return for safety. Today that is already the case for many corporate and government Internet users. As a new and more secure network becomes widely adopted, the current Internet might end up as the bad neighborhood of cyberspace. You would enter at your own risk and keep an eye over your shoulder while you were there.

    “Unless we’re willing to rethink today’s Internet,” says Nick McKeown, a Stanford engineer involved in building a new Internet, “we’re just waiting for a series of public catastrophes.”

    That was driven home late last year, when a malicious software program thought to have been unleashed by a criminal gang in Eastern Europe suddenly appeared after easily sidestepping the world’s best cyberdefenses. Known as Conficker, it quickly infected more than 12 million computers, ravaging everything from the computer system at a surgical ward in England to the computer networks of the French military.

    Conficker remains a ticking time bomb. It now has the power to lash together those infected computers into a vast supercomputer called a botnet that can be controlled clandestinely by its creators. What comes next remains a puzzle. Conficker could be used as the world’s most powerful spam engine, perhaps to distribute software programs to trick computer users into purchasing fake antivirus protection. Or much worse. It might also be used to shut off entire sections of the Internet. But whatever happens, Conficker has demonstrated that the Internet remains highly vulnerable to a concerted attack.

    “If you’re looking for a digital Pearl Harbor, we now have the Japanese ships streaming toward us on the horizon,” Rick Wesson, the chief executive of Support Intelligence, a computer consulting firm, said recently.

    The Internet’s original designers never foresaw that the academic and military research network they created would one day bear the burden of carrying all the world’s communications and commerce. There was no one central control point and its designers wanted to make it possible for every network to exchange data with every other network. Little attention was given to security. Since then, there have been immense efforts to bolt on security, to little effect.

    “In many respects we are probably worse off than we were 20 years ago,” said Eugene Spafford, the executive director of the Center for Education and Research in Information Assurance and Security at Purdue University and a pioneering Internet security researcher, “because all of the money has been devoted to patching the current problem rather than investing in the redesign of our infrastructure.”

    In fact, many computer security researchers view the nearly two decades of efforts to patch the existing network as a Maginot Line approach to defense, a reference to France’s series of fortifications that proved ineffective during World War II. The shortcoming in focusing on such sturdy digital walls is that once they are evaded, the attacker has access to all the protected data behind them. “Hard on the outside, with a soft chewy center,” is the way many veteran computer security researchers think of such strategies.

    Despite a thriving global computer security industry that is projected to reach $79 billion in revenues next year, and the fact that in 2002 Microsoft itself began an intense corporatewide effort to improve the security of its software, Internet security has continued to deteriorate globally.

    Even the most heavily garrisoned military networks have proved vulnerable. Last November, the United States military command in charge of both the Iraq and Afghanistan wars discovered that its computer networks had been purposely infected with software that may have permitted a devastating espionage attack.

    That is why the scientists armed with federal research dollars and working in collaboration with the industry are trying to figure out the best way to start over. At Stanford, where the software protocols for original Internet were designed, researchers are creating a system to make it possible to slide a more advanced network quietly underneath today’s Internet. By the end of the summer it will be running on eight campus networks around the country.

    The idea is to build a new Internet with improved security and the capabilities to support a new generation of not-yet-invented Internet applications, as well as to do some things the current Internet does poorly — such as supporting mobile users.

    The Stanford Clean Slate project won’t by itself solve all the main security issues of the Internet, but it will equip software and hardware designers with a toolkit to make security features a more integral part of the network and ultimately give law enforcement officials more effective ways of tracking criminals through cyberspace. That alone may provide a deterrent.

    This is not the first time a replacement has been proposed for the current Internet. For example, modern Windows and Macintosh computers already come equipped to support a new Internet protocol known as IPv6 that would fix many of the shortcomings of the current IPv4 version. However, because of cost, performance and compatibility questions it has languished.

    That has not discouraged the Stanford engineers who say they are on a mission to “reinvent the Internet.” They argue that their new strategy is intended to allow new ideas to emerge in an evolutionary fashion, making it possible to move data traffic seamlessly to a new networking world. Like the existing Internet, the new network will almost certainly have no one central point of control and no one organization will run it. It is most likely to emerge as new hardware and software are built in to the router computers that run today’s network and are adopted as Internet standards.

    For all those efforts, though, the real limits to computer security may lie in human nature.

    The Internet’s current design virtually guarantees anonymity to its users. (As a New Yorker cartoon noted some years ago, “On the Internet, nobody knows that you’re a dog.”) But that anonymity is now the most vexing challenge for law enforcement. An Internet attacker can route a connection through many countries to hide his location, which may be from an account in an Internet cafe purchased with a stolen credit card.

    “As soon as you start dealing with the public Internet, the whole notion of trust becomes a quagmire,” said Stefan Savage, an expert on computer security at the University of California, San Diego.

    A more secure network is one that would almost certainly offer less anonymity and privacy. That is likely to be the great tradeoff for the designers of the next Internet. One idea, for example, would be to require the equivalent of drivers’ licenses to permit someone to connect to a public computer network. But that runs against the deeply held libertarian ethos of the Internet.

    Proving identity is likely to remain remarkably difficult in a world where it is trivial to take over someone’s computer from half a world away and operate it as your own. As long as that remains true, building a completely trustable system will remain virtually impossible.

  14. #44
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    No secuity system will work so long as people are stupid.

    No matter how many failsafes you put on there, there will be one idiot in a company that will bring a "joke" or a nude vid into work on a storage device and manage to get several machines infected. Once on an internal LAN, it is easier to infect others than coming frmo outside.

    I would bet that 90% of infections come from people doing something stupid rather than actual direct defeats of any cyber security system.

    So these "gated communities" sound great until you realize that viruses were around even before the internet. They just got around more after.

  15. #45

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    Bill proposes ISPs, Wi-Fi keep logs for police

    by Declan McCullagh | February 19, 2009 10:45 PM PST

    Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations.

    The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates.

    "While the Internet has generated many positive changes in the way we communicate and do business, its limitless nature offers anonymity that has opened the door to criminals looking to harm innocent children," U.S. Sen. John Cornyn, a Texas Republican, said at a press conference on Thursday. "Keeping our children safe requires cooperation on the local, state, federal, and family level."

    Joining Cornyn was Texas Rep. Lamar Smith, the senior Republican on the House Judiciary Committee, and Texas Attorney General Greg Abbott, who said such a measure would let "law enforcement stay ahead of the criminals."

    Two bills have been introduced so far--S.436 in the Senate and H.R.1076 in the House. Each of the companion bills is titled "Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act," or Internet Safety Act.

    Each contains the same language: "A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user."

    Translated, the Internet Safety Act applies not just to AT&T, Comcast, Verizon, and so on--but also to the tens of millions of homes with Wi-Fi access points or wired routers that use the standard method of dynamically assigning temporary addresses. (That method is called Dynamic Host Configuration Protocol, or DHCP.)

    "Everyone has to keep such information," says Albert Gidari, a partner at the Perkins Coie law firm in Seattle who specializes in this area of electronic privacy law.

    The legal definition of electronic communication service is "any service which provides to users thereof the ability to send or receive wire or electronic communications." The U.S. Justice Department's position is that any service "that provides others with means of communicating electronically" qualifies.

    That sweeps in not just public Wi-Fi access points, but password-protected ones too, and applies to individuals, small businesses, large corporations, libraries, schools, universities, and even government agencies. Voice over IP services may be covered too.

    Under the Internet Safety Act, all of those would have to keep logs for at least two years. It "covers every employer that uses DHCP for its network," Gidari said. "It covers Aircell on airplanes--those little pico cells will have to store a lot of data for those in-the-air Internet users."

    In the Bush administration, Attorney General Alberto Gonzales had called for a very similar proposal, saying that subscriber information and network data should be logged for two years.

    Until Gonzales' remarks in 2006, the Bush administration had generally opposed laws requiring data retention, saying it had "serious reservations" about them. But after the European Parliament approved such a requirement for Internet, telephone and VoIP providers, top administration officials began talking about the practice more favorably.

    After Gonzales left the Justice Department, the political will for data retention legislation seemed to ebb for a time, but then FBI Director Robert Mueller resumed lobbying efforts last spring.

    This tends to be a bipartisan sentiment: Attorney General Eric Holder, a Democrat, said in 1999 that "certain data must be retained by ISPs for reasonable periods of time so that it can be accessible to law enforcement." Rep. John Conyers, the Democratic chairman of the House Judiciary Committee, that FBI proposals for data retention legislation "would be most welcome."

    Smith, who sponsored the House version of the Internet Safety Act, had previously introduced a one-year requirement as part of a law-and-order agenda in 2007.

    A 1996 federal law called the Electronic Communication Transactional Records Act regulates data preservation. It requires Internet providers to retain any "record" in their possession for 90 days "upon the request of a governmental entity."

    Because Internet addresses remain a relatively scarce commodity, ISPs tend to allocate them to customers from a pool based on whether a computer is in use at the time. (Two standard techniques used are the Dynamic Host Configuration Protocol and Point-to-Point Protocol over Ethernet.)

    In addition, Internet providers are required by another federal law to report child pornography sightings to the National Center for Missing and Exploited Children, which is in turn charged with forwarding that report to the appropriate police agency.

    The Internet Safety Act is broader than just data retention. Other portions add criminal penalties to other child pornography-related offenses, increase penalties for sexual exploitation of minors, and give the FBI an extra $30 million for the "Innocent Images National Initiative."

    *****

    Seems like it could be a fifth amendment violation at least as it applies to individuals.

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