Ethan Zuckerman’s online home, since 2003
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Me and my metadata – thoughts on online surveillance

The NSA documents Edward Snowden leaked have sparked a debate within the US about surveillance. While Americans understood that the US government was likely intercepting telephone and social media data from terrorism suspects, it’s been an uncomfortable discovery that the US collected massive sets of email and telephone data from Americans and non-Americans who aren’t suspected of any crimes. These revelations add context to other discoveries of surveillance in post 9-11 America, including the Mail Isolation Control and Tracking program, which scans the outside of all paper mail sent in the US and stores it for later analysis. (The Smoking Gun reported on the program early last month – I hadn’t heard of it until the Times report today.)

The Obama administration and supporters have responded to criticism of these programs by assuring Americans that the information collected is “metadata”, information on who is talking to whom, not the substance of conversations. As Senator Dianne Feinstein put it, “This is just metadata. There is no content involved.” By analyzing the metadata, officials claim, they can identify potential suspects then seek judicial permission to access the content directly. Nothing to worry about. You’re not being spied on by your government – they’re just monitoring the metadata.

Of course, that’s a naïve and oversimplified view of metadata, which turns out to be a surprisingly rich source of information on who people are, who they know and what they do. Congress has historically recognized that metadata is important and deserves protection – while the Supreme Court ruled in Smith vs. Maryland that phone numbers dialed should not be expected to be private information, as they are exposed to the phone company, Congress put restrictions on the use of “pen registers”, devices that can track what calls are made and received by a phone, requiring law enforcement to go to court to institute such tracking. The same logic in Smith vs. Maryland applies to the Mail Isolation Control and Tracking program – since information on envelopes is visible to the public, or at least to mail carriers, it’s monitorable and storable, even without “mail covers“, US Postal Service administrative orders used to trace mail coming to criminal suspects. And, perhaps, the policymakers who approved NSA’s surveillance projects would argue that the logic applies to email headers as well.

Put aside for the moment the question of whether monitoring metadata is reading public information or is more analogous to a pen register. There’s a scale issue that comes into play here. One major constraint on pen registers and mail covers historically has been the sheer amount of data they generate. Potential overreach by law enforcement is held in check by two factors – the need to get court or administrative approval to trace metadata, and the ability to process said metadata. As a result, USPS insiders report that it processes about 15,000 – 20,000 mail covers a year related to crime, and as security researcher Chris Soghoian discovered, internet and telecommunications companies charge law enforcement agencies for pen registers, putting some practical limits on their use.

But the NSA surveillance of email and phone networks, and the Mail Isolation Control and Tracking program have no such limits. While it’s likely quite expensive to scan all US mail, once you’ve committed to doing so, it’s comparatively cheap to store that information and analyze it at later dates, as investigators evidently did to arrest Shannon Richardson for sending ricin to President Obama and New York City mayor Bloomberg. And, since the costs of NSA surveillance are evidently borne primarily by internet and telephony companies, it’s downright cheap to keep metadata on email and phone calls. All the postal mail, email and phone calls.

It’s also much, much cheaper to analyze this data than in years past. The current frenzy for “big data” and “data science” has called attention to techniques that allow analysts to pull subtle patterns out of data – a New York Times story that suggests that retailer Target was able to identify pregnant customers based on their purchasing behavior (unscented lotion!) and target ad flyers to them gives a sense for the commercial applications of these techniques.

Sociologist Kieran Healy shows another set of applications of these techniques, using a much smaller, historical data set. He looks at a small number of 18th century colonists and the societies in Boston they were members of to identify Paul Revere as a key bridge tie between different organizations. In Healy’s brilliant piece, he writes in the voice of a junior analyst reporting his findings to superiors in the British government, and suggests that his superiors consider investigating Revere as a traitor. He closes with this winning line: “…if a mere scribe such as I — one who knows nearly nothing — can use the very simplest of these methods to pick the name of a traitor like Paul Revere from those of two hundred and fifty four other men, using nothing but a list of memberships and a portable calculating engine, then just think what weapons we might wield in the defense of liberty one or two centuries from now.”

If you are a member of a secret organization planning overthrow of the government, you’ve probably already thought hard about what your metadata might reveal. But if you’re an average citizen with “nothing to hide”, it may be less obvious why your metadata may not be something you are comfortable sharing. After all, Frank Rich recently proclaimed that “privacy jumped the shark in America long ago” and that we are all members of “the America that prefers to be out there, prizing networking, exhibitionism, and fame more than privacy, introspection, and solitude.” Lured by reality television and social networks, we all want to be watched and have therefore have given up our distaste for surveillance.

I think it’s possible to be both a heavy user of social media, and concerned about the security of your metadata. It simply requires understanding that, for many of us, social media is a performance. When I share links on Twitter, I’m aware that I’m constructing an image to my followers as someone who’s interested in certain topics and disinterested in others. I don’t share every article that I read, both because I suspect not all are interesting to my followers and also because I don’t really want my professional community to know just how much mental energy I spend worrying about who the Green Bay Packers will field at running back in the coming season.

This may not be how you use social media, but it probably should be. As danah boyd and others have pointed out, youth have had to figure out how to navigate a world in which their interpersonal and social interactions are archived, searchable and persist long enough to present a problem in adulthood – as a result, they’re continually engaged in “identity performance”, as well as in developing codes and other ways to speak on social networks to defy monitoring.

By contrast, most of us aren’t maintaining a persistent, public performance when we’re using telephones or email. (For an example of what this might feel like, consider this story from This American Life, where lawyers who work with Guantanamo detainees talk about how having the US government monitor their personal phone calls changes their behavior.) Our metadata can reveal things we may not want to share with others, or may not know ourselves.

As it happens, I have a pretty good sense for what my email metadata might tell an investigator. This fall, I co-taught a class with Cesar Hidalgo, Catherine Havasi and Sep Kamvar at the Media Lab titled “Big Data”. Two of the students who took the class, Daniel Smilkov and Deepak Jagdish, worked on a project called Immersion which uses Gmail metadata to map someone’s social network. I’m one of about 500 alpha testers of the software, developed by Cesar, Daniel and Deepak, and have been one of the poster boys for the project as it’s been on display at the Media Lab, as I’ve got the largest network of Gmail contacts of anyone who’s used the system. (This isn’t because I’m especially popular, I suspect. Most of my MIT colleagues use mit.edu addresses. As someone new to MIT, who maintains a number of different affiliations, I have been a heavy Gmail user.)

Here’s what my metadata looks like:
social network copy

The largest node in the graph, the person I exchange the most email with, is my wife, Rachel. I find this reassuring, but Daniel and Deepak have told me that people’s romantic partners are rarely their largest node. Because I travel a lot, Rachel and I have a heavily email-dependent relationship, but many people’s romantic relationships are conducted mostly face to face and don’t show up clearly in metadata. But the prominence of Rachel in the graph is, for me, a reminder that one of the reasons we might be concerned about metadata is that it shows strong relationships, whether those relationships are widely known or are secret.

The other large nodes on the graph are associated with specific clusters. Rebecca is my co-founder at Global Voices and Ivan and Georgia run the organization day-to-day – they dominate the green cluster, which includes key people in that organization. Hal is my chief collaborator at the Berkman Center, and Colin is my boss – they dominate the orange cluster, which includes fellow Berkman folks as well as a number of prominent internet law and policy folks who work closely with the Center. Lorrie is assistant director at Center for Civic Media and is the person I work with most closely at MIT – the red cluster represents the people I work with at the Media Lab.

Anyone who knows me reasonably well could have guessed at the existence of these ties. But there’s other information in the graph that’s more complicated and potentially more sensitive. My primary Media Lab collaborators are my students and staff – Cesar is the only Media Lab node who’s not affiliated with Civic who shows up on my network, which suggests that I’m collaborating less with my Media Lab colleagues than I might hope to be. One might read into my relationships with the students I advise based on the email volume I exchange with them – I’d suggest that the patterns have something to do with our preferred channels of communication, but it certainly shows who’s demanding and receiving attention via email. In other words, absence from a social network map is at least as revealing as presence on it.

Another sensitive piece of information comes from how Immersion draws and codes clusters. Immersion’s algorithm is sensitive to who you include on the same email. Global Voices emails include Ivan, Georgia, Rebecca and others – people who I email when I email those three get placed in the same cluster. People who exist as bridges between clusters are particularly interesting, as they are people who appear in multiple roles in your social network. Joi Ito appears on my graph twice (as “Joi” and “Joichi”) because he uses multiple email addresses, but in either role, he’s a bridge between my MIT existence, my Global Voices existence and my Berkman life, which reflects my long and multi-faceted relationship with him. But he’s colored red, as a Media Lab person, whereas other bridge figures like danah boyd show up as blue, as they have close relationships with Rachel as well. In other words, I have important, long-standing, multifaceted relationships with both danah and Joi, but danah is part of my family life as well, while Joi is not.

My point here isn’t to elucidate all the peculiarities of my social network (indeed, analyzing these diagrams is a bit like analyzing your dreams – fascinating to you, but off-putting to everyone else). It’s to make the case that this metadata paints a very revealing portrait of oneself. And while there’s currently a waiting list to use Immersion, this is data that’s accessible to NSA analysts and to the marketing teams at Google. That makes me uncomfortable, and it makes me want to have a public conversation about what’s okay and what’s not okay to track.

While popular outcry over revelations about the NSA has been somewhat muted so far, it’s possible that widespread protests planned for July 4th will spark more dialog about what represents unconstitutional surveillance. Here’s hoping that conversation will take a close look at metadata and ask hard questions about whether or not this is information we are willing to share with governments and corporations, or whether we need to regulate and limit this power to monitor as we’ve historically done in the United States. Restore the Fourth.


For another example of what metadata may reveal, see Malte Spitz’s phone records. As I discuss in “Rewire”, Spitz sued his mobile phone provider to obtain his records, then worked with Zeit Online to build a visualization of his movements based purely on that set of data.


Cute Cats to the Rescue? Participatory Media and Political Expression

Some years back, I gave a talk at O’Reilly’s ETech conference that urged the audience to spend less time thinking up clever ways dissidents could blog secretly from inside repressive regimes and more time thinking about the importance of ordinary participatory media tools, like blogs, Facebook and YouTube, for activism. I argued that the tools we use for sharing cute pictures of cats are often more effective for activism than those custom-designed to be used by activists.

Others have been kind enough to share the talk, referring to “the Cute Cat theory”. An Xiao Mina, in particular, has extended the idea to explain the importance of viral, humorous political content on the Chinese internet.

I’ve meant to write up a proper academic article on the ideas I expressed at ETech for years now, and finally got the chance as part of a project organized by Danielle Allen and Jennifer Light at the Institute for Advanced Studies. They invited a terrific crew of scholars to collaborate on a book titled “Youth, New Media and Political Participation”, now in review for publication by MIT Press. The volume is excellent – several of my students at MIT have used Tommie Shelby’s “Impure Dissent: Hip Hop & the Political Ethics of Marginalized Black Urban Youth“, which will appear in the volume, as a key source in their work on online dissent and protest.

I’m posting a pre-press version of my chapter both so there’s an open access version available online and because a few friends have asked me to expand on comments I made on social media and the “Arab Spring” at the University of British Columbia and in Foreign Policy. (I also thought it would be a nice tie-in to the Gawkerization of Foreign Policy, with their posting today of 14 Hairless Cats that look like Vladimir Putin.)

So – Cute Cats to the Rescue? Participatory Media and Political Expression.

Abstract: Participatory media technologies like weblogs and Facebook provide a new space for political discourse, which leads some governments to seek controls over online speech. Activists who use the Internet for dissenting speech may reach larger audiences by publishing on widely-used consumer platforms than on their own standalone webservers, because they may provoke government countermeasures that call attention to their cause. While commercial participatory media platforms are often resilient in the face of government censorship, the constraints of participatory media are shaping online political discourse, suggesting that limits to activist speech may come from corporate terms of service as much as from government censorship.


Look for the Allen and Light book on MIT Press next Spring – it’s an awesome volume and one I’m proud to be part of.


Bloggers in Bangladesh facing arrest, assault, murder

This is a hard day to write about issues other than sudden, unexpected disasters – the bombing in Boston, the earthquake in Iran – and horrific ongoing disasters of continuing violence in Iraq, Afghanistan and Syria. But I’ve been trying to get my head around a complicated situation in Bangladesh that’s become very dangerous for bloggers and activists in that country: the aftermath of the Shahbagh protests and the arrest of Bangladeshi bloggers for alleged atheism.

Some background: When Bangladesh broke away from Pakistan in 1971, the Pakistani Army violently attempted to prevent “East Pakistan”‘s breakaway, killing anywhere between 300,000 and 3 million Bangladeshis, raping hundreds of thousands of women and targeting intellectual and potential political leaders. In 2009, under a secular government in Bangladesh, the country began an international crimes tribunal, prosecuting local collaborators with the Pakistani Army, who include leaders of Jamaat-e-Islami, the largest Islamist party in the nation.

The court convicted Abdul Quader Molla, assistant secretary general of Jamaat, of war crimes in February 2013 and sentenced him to life in prison. Many Bangladeshis were dissatisfied with this sentence and demanded capital punishment. On February 6, demonstrators began occupying Shahbagh intersection in Dhaka to demand Molla’s execution.

Bloggers and online activists were prominent in urging people to take to the streets, where the protests expanded beyond demands for punishment and into a call to oppose political Islam. Supporters of Molla’s party reacted with counter-demonstrations. CLashes between demonstrators and counter-demonstrators killed at least four and injured over a thousand.

A Bangladeshi blogger, Ahmed Rajib Haider, who wrote under the pen name “Thaba Baba (Captain Claw)” had written about war crimes for years and was active in calling for the Shahbagh protests. The 26 year-old was brutally murdered near his home on February 15th. Bloggers speculate that he was killed by Islamists, as his laptop was left at the scene of the crime, implying he wasn’t a mugging victim.

1364913495-three-alleged-antiislamic-bloggers-arrested-in-bangladesh_1928483
Arrested bloggers and the tools of their trade. Image by Demotix

As protests continued, Islamists groups argued that the bloggers helping instigate the protests were anti-Islamic, anti-social and atheistic and demanded their arrest and prosecution. The Bangladeshi government responded by founding a committee to track anti-Islamic activity on Facebook and other online media. On April 1st, the police arrested three bloggers for their alleged “derogatory content”.

Global Voices, Reporters Without Borders and others have condemned these arrests, but arrests continue, most recently targeting Asif Mohiuddin, whose blog has been banned, and who was stabbed by Islamists in January, before protests began – his arraignment was scheduled for yesterday. We understand that Bangladeshi bloggers are terrified of arrest or assault, and some have gone into hiding.

The invisibility of this story in international media is making the prosecution of bloggers and activists possible – with international attention, it is possible the Bangladeshi government would be less likely to cooperate with demands to prosecute activists for alleged atheism, which isn’t a crime under Bangladesh’s constitution. If you can help by calling attention to the story, particularly by pitching it to reporters who cover international news, Global Voices would appreciate your help.


Mourn, and take action on guns

I tweeted earlier today about my horror regarding the shootings in Newtown, CT, and my connections to the community. I grew up nearby and have friends who attended the school where the shooting took place.

An editor at CNN’s opinion section read earlier commentary I’d posted here about the difficulty in opening a debate about gun control in the US. He asked for my reactions to today’s shootings, and I responded with a brief commentary. It is currently running on CNN’s site, and it begins:

I logged onto Facebook this afternoon, terrified of what I would read.
I grew up near Newtown, Connecticut, and went to high school in Danbury, Connecticut. A close friend spent her childhood at Sandy Hook Elementary School, the school where a shooter killed at least 26 people today, police said, most of them children.

Police reports are still coming in, and we are only beginning to grasp the scale of this tragedy. Friends are describing their panic as they try to reach their children in schools that are on lockdown. One of my high school classmates is trying to support her best friend, whose daughter was one of the children killed.

My Facebook timeline is filled with expressions of relief for those who escaped the violence, sorrow for those lost, and prayers for recovery. It’s also filled with friends demanding that America take action on gun control. Their calls are answered by others who protest that this is a time to mourn, not a time for politics.

A tragedy like today’s shooting demands we both mourn and take action.

Please visit CNN.com to read the rest.

Predictably, for a post about the difficulty of having open dialog about gun control in the US, it’s generating thoughtful and reasoned debate. Here’s one of the carefully reasoned tweets engaging with my argument:


@ thanks for being another gun control fucktard shamelessly and cynically exploiting your bullshit agenda
@njack
njack

Looking forward to more and less helpful responses.


Good and bad reasons to be worried about WCIT

The World Conference on International Telecommunications (WCIT, pronounced “wicket”) opened Monday in Dubai. If you’re heard about the conference, it’s likely because many articulate and smart proponents of an open internet have been waving arms and warning of the potential dangers that may come from this meeting. Fight For the Future, an organization focused on mobilizing individuals to the defense of a free and open internet, have switched the Internet Defense League’s vaunted “cat signal“, urging supporters to stop an internet coup by the International Telecommunications Union, the UN agency responsible for communication technologies.

There are reasons to be concerned about WCIT and about the ITU asserting more control over Internet governance. But there’s also a great deal of exaggeration and fear-mongering that’s making it hard to see the issues clearly. And one of the reasons offered for defending against an ITU “takeover” is a disturbing one, the idea that the Internet works well enough as it is, and that we should be opposed to any changes that would alter how it functions and is governed.

It’s possible to oppose increased ITU involvement in internet governance without demonizing the organization. It’s possible to believe this is the wrong venue and wrong mechanism without concluding that the Internet works as well as it ever will and ever could. I’m interested in trying to pull some of these arguments apart because I worry some opponents of WCIT are accepting these arguments as a whole package, not considering their individual merits, and may be swallowing some unhealthy presumptions that hinder future debate about internet governance going forward.

I”m far from expert on the topic of WCIT, so I’m going to point to some of the better arguments I’ve heard in the past few weeks. (My friend Sunil Abraham tweeted many helpful links earlier today, and I recommend his Twitter feed for WCIT links from various perspectives.) For general background, I’d recommend Jack Goldsmith’s “opinionated primer” on the topic. To summarize, Goldsmith (who knows a thing or two about internet governance):

– Because WCIT is about amending international rules through a treaty process, it’s a slow, consensus-seeking process that nations can opt out of. In other words, we shouldn’t expect US net regulations to change because of it.

– It’s relevant not because lasting changes will come out of these meetings, but mostly because it gives us a window into what some nations would like in terms of internet governance, and may seek to accomplish through their own national telecoms laws.

In effect, Goldsmith argues that impact isn’t a good reason to pay attention to WCIT, as the gathering is likely to have little direct impact. In that spirit, I want to consider some better and worse reasons to be concerned about the ITU, the WCIT meeting and the broader question of how internet governance is and is not changing.

Good reasons to be concerned about WCIT include:

Opacity:
WCIT is open to member governments and to hundreds of corporate and organization members, but their proposals and deliberations are secret. This makes it very difficult for civil society and the general public to be aware of what’s going on in the meeting and to influence the process. As with other international policymaking organizations that work in secret, like the WTO, there’s a good case to be made that these organizations need to be pushed to greater transparency before they are given public trust. WCITleaks, a project from Jerry Brito and Eli Dourado, both researchers at George Mason University, is a laudable effort to increase transparency by inviting WCIT participants to share documents in a public repository.

Censorious governments:
Many of the anti-WCIT arguments begin by asserting that China and Russia would like to take over internet governance and manage the global internet in ways that would restrict speech. Those are valid concerns, and both countries will likely negotiate for an internet governance structure that increases state control over net content. That nations attempt to control the internet isn’t new, nor is the argument that states should have more influence over net governance – as Milton Mueller points out in this helpful piece, states have been seeking increased roles in internet governance since 1996 and have been thwarted. Their response has been to restrict internet usage within their own countries.

Yes, it would be dreadful if China’s internet regulations applied to the whole world. But the current situation isn’t great either: countries create their own regulations to control the internet in part because they can’t get what they want in international fora. The battle over “internet freedom” has devolved into building expensive and unwieldy tools to invite a small set of Chinese and Iranian users to use the American and European internets, instead of the Chinese internet… a solution that won’t and can’t scale. The challenge of Chinese censorship is a helpful reminder that we don’t have binding international internet regulation, and probably never will. WCIT is worrisome because proposals to control the internet through widespread filtering and corporate regulation (China’s approach) or through legal and extralegal intimidation (Russia’s approach) may gain adherents and allies, and because nations that haven’t taken major steps to regulate the internet may look at these nations as examples to follow. But this is an argument for the US to engage in multinational processes like the ITU, to influence nations still on the fence, not to contest the legitimacy of the process.

The substance of proposals Even if we discount Jack Goldsmith’s suggestion that little is likely to come out of WCIT, it’s worth considering what potential impact proposals that have been put forth might have on Internet governance, if only to see what rival visions are competing with the status quo. Michael Geist argues that the most significant proposals on the table are not about who controls the internet, but who pays for it. He references a proposal from ETNO, an organization of European telecoms, that would start charging large content providers a carriage fee for delivering content – i.e., YouTube would pay a European network operator to reach European viewers. (Large internet content providers, predictably, hate this proposal. The one defender I’ve found of the proposal is Jean-Christope Nohias, who offers this stem-winder of a piece, accusing Google and other internet giants of hypocrisy in advocating for a system in which the poor pay money to access wealthy country’s networks.)

Dwayne Winseck sees concerns about the ETNO proposal, and other attempts to change internet billing, as overblown, but offers a long list of proposals to worry about, affecting the militarization of the internet, threats to privacy, anonymity and government control. In some cases, the proposals try to solve legitimate threats (like spam) and over-reach in terms of implementation, while at other times, they are simply trying to assert more government control, and bear opposition on principal. But we’d have a more intelligent debate about the future of the internet if we could address proposals individually, rather than attacking the process and the institution of the ITU as a whole.

Here are three reasons I’ve seen for opposing WCIT and the ITU that I think are unjustified, and may cause long-term harm to our conversations about internet governance.

Fear of multilateralism:
Steven Strauss argues we should oppose WCIT because it has UN sponsorship, and pulls out a laundry list of anti-UN complaints to justify his opposition. He offers faint praise to distinguish the ITU from the UN’s “standard meaningless international boondoggles”, suggesting that it has real power and might lead to substantial rule changes. But his argument centers on the strong representation of repressive governments on the UN’s Human Rights Council.

Yes, the presence of the UAE, Pakistan and Ethiopia on the UNHRC is an embarrassment. But the ITU and the UNHRC are two of dozens of institutions within the UN, and even most critics of the UN don’t want to see institutions like UNICEF, the World Food Program or the High Commission on Refugees disappear. Defenders of human rights on the internet often point to Article 19 of the Universal Declaration of Human Rights, a UN document, as a broadly adopted document that protects freedom of expression. Frank LaRue, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, has been a powerful advocate for protecting online speech. It would be a shame to disrespect the work a figure like LaRue is trying to do by dismissing UN institutions as a whole.

The reason so many controversial issues are being brought up in multilateral venues like the ITU is that existing “multisectoral” internet institutions like ICANN, IANA, IETF and others have had a hard time ensuring broad international representation. Some of the frustration other countries feel about internet governance comes from the slow pace these institutions have taken towards supporting global concerns, like providing full support for non-English domain names and suffixes. My friend Rebecca MacKinnon has an excellent essay on this topic in Foreign Policy, pointing out that there’s very little developing world participation in these groups and that they are very slowly finding ways to change their culture to be more welcoming to participants who don’t have years of experience in the internet engineering community.

The solution to these problems is not a retreat from multilateralism – it’s to find ways that existing internet institutions can better represent voices and perspectives from around the world. The good news is that many of the folks within the IETF, ICANN and other institutions understand this challenge, even if some people attacking the ITU don’t.

Because governments should never regulate
FCC commissioner Robert McDowell attributes the success of the Internet to the ITU’s failure to oversee it in 1988: “This insulated the Internet from economic and technical regulation and quickly became the greatest deregulatory success story of all time.” Only a regulator for an agency as broken and corrupted by corporate influence as the FCC would dare to suggest that the role of a regulator is not to regulate.

How’s the FCC’s lassez faire policy working out in the US? We’ve got internet access that’s almost four times as expensive as it is in France and roughly one tenth the speed. Why? Largely because the FCC has failed to ensure that markets remain competitive, that open access policies allow small players to build competitive businesses, and that broadband services reach rural areas. Yes, it’s fantastic that the internet now reaches over 2 billion people. But we’ve got more than five billion more people who can’t access the internet, which is becoming increasingly important as a space for political discussions, a channel for delivery of government services and a pathway towards education. If regulators want to take seriously the challenge of ensuring universal access, as American regulators did with telephony and electricity in generations past, that’s something to be lauded, not dismissed.

Because the Internet is perfect.
This argument is rarely stated outright, though this piece by Mike Masnick in TechDirt does us the favor of making it explicit: “The internet works just fine. The only reason to ‘fix’ it, is to ‘break’ it in exactly the way the ITU wants, which is to favor a few players who have done nothing innovative to actually deserve it.”

I can think of several ways in which the internet doesn’t work just fine. It’s too expensive for too many people. In the developing world, it’s largely spreading through mobile operators whose pricing makes it unlikely that citizens of these nations will become content creators. The process of peering and interconnection creates a great competitive advantage for large network operators and leaves developing nations with very high charges for access. The current configuration of the Internet neither does a great job of protecting anonymity for those who want and need it, or authenticating identity when it’s critical. It’s surprisingly fragile to malicious attack like DDoS or accidental misconfiguration.

Do I think the ITU is likely to propose helpful solutions to these problems? No. Do I have good solutions to these complex problems? Not especially. But we have no hope of solving these problems if we declare that the Internet functions perfectly and needs no improvement.

There’s a tendency for people who love the Internet to become conservative, almost reactionary, about its governance. We’ve seen so many good intentioned attempts to improve the Internet fail and know of so many ill-intentioned plans to break the Internet that we may have raised the ad-hoc and improvisational methods of governance that have worked well into natural laws. Breaking the Internet – as some proposals in front of the ITU might well do – would be a bad thing. Concluding that we can never change the Internet for the better would be almost as bad.


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