Category: Courts
November 23rd, 2009
Internet: A threat to government or the other way around? (Part 4)
Justice systems around the world had their entire world turned upside down over the past several years because of the Internet. The basic sets of laws, often founded on a nation’s constitution are being used in ways that many forefathers never anticipated or envisioned. Republic, Dominion and Socialist government institutions around the world are all facing the same issues - often without any clear path of legal precedent.
One of the challenges facing courts is jurisdiction. Because of the very nature of the Internet, legal systems are now faced with new roadblocks that did not exist 10 years ago. Traditional methods of law enforcement and legal treaties do work and continue to be the basis of process and dealing with prosecution and trials. Interpretation of existing laws and applying them to Internet-related cases has not been a significant challenge in many cases. But there are some new aspects of what is admitted into court.
Evidence
What has shocked the system is how Internet-based materials are now used in the courts as evidence. Everything from ISP logs, website blogs, and social media sites (among others) are now being used in ways that prosecutors and jurists have never had to deal with in the past. It is also becoming a battle ground for several areas of law, particularly the integrity of evidence. This has many in the legal world concerned. It’s becoming clear that this will be an area of significant debate and will have far-reaching consequences. Internet evidence does not have look and feel of traditional evidence and, in many cases, has yet to be challenged as to its validity. Prosecutors are faced with a dilemma that impacts how and what they prosecute. This in turn has created a new source of political initiatives that are not only questionable, but in some parts of the world viewed as extreme.
Don’t have a Law yet? We’ll make one
The evolution of law and how it is created has traditionally been a slow and low priority part of the political system. No longer is that the case. Government ministers and cabinet officials appear to be fast-tracking new laws, specifically because of the Internet at a rapid pace of late. Politicians are practically tripping over themselves drafting new bills that claim that they know how to fix the problems of cybercrime and abuse. These ideas are moving at such a rapid pace that often few people actually have read the fine print. What concerns many is the advice politicians are getting on how Internet law should be created. Governments all over the world will have significant impact on such issues as free speech, Net neutrality, news, crime and governance of institutions.
Prosecution
There is not much sympathy for the courts in many parts of the world. That may soon change as news travels across the multimedia world of the Internet. Attorneys general throughout the United States are political and create their own priorities and thus control what is heard before the courts. This may have significant consequences as to the timing of how the Internet evolves and impact the economics of the service that potentially influences it’s usage for decades. In the United Kingdom, the courts will have to take into account European treaties and the European Parliament. Canada’s magistrates may strike down or uphold newly created laws that may wind up creating in-balance that could take years to reverse.
Rules await the Internet
Regulators such as the CRTC, FCC, OfCom are charting new territory in communication rules and regulations. Lawmakers are beginning to micro-manage this process. No one yet knows what the impact these new elements will have on the judicial system. It will take years before this is known and goes through several rigorous tests of the court system. Case law may take a decade or more before any true outcomes are known. By that time, a nation will have changed political administration and have new agendas that reset the cycle before some true outcomes are known. Net Neutrality will be debated and wind up before the courts in jurisdictions around the world. The results will vary like your bandwidth speed and access to content.
Global perspective
Laws of a nation are now being combined in many parts of the world. The very essence of a sovereign nation set of laws is slowly being merged into a single set by which it will adhere to. This is particularly true in Europe where the European Parliament is attempting to create laws specifically surrounding the Internet. This has the potential to create political and legal challenges for courts in how they make decisions. The consequences have significant long term impacts on how courts operate and what order of Appeals and jurisdiction as they enter cyber space with profound outcomes yet to be decided.
The Supreme Court
Supreme Court decisions have not had an impact on the Internet - but likely will. Major court decisions at local, state, and provincial levels are being appealed and many will eventually be argued before the Supreme Court. That draws concern because of how many governments nominate and select jurists to be a part of the Supreme Court framework. In general terms, the institution is politically driven and has the potential to create decisions that may in fact be contrary to the very principles that many of us take for granted. It also works in the other direction. Many a government has had policies and laws overturned by the courts. Key segments will be privacy, Internet access and tracking - along with content management tangled with identity security. It could be argued that elected government officials are not a threat to the Internet, the courts are. The counter point is that will force parliamentarians to change the law, a task far easier said than done. Compounding the problem is that the highest courts around the world have (almost) unlimited tenure until death. Jurists that will have profound impacts on the stance of governments surrounding Internet issues are in China, Pakistan, India, Russia, and the Middle East. China is unique in that it will have to eventually deal with treaties in which it is a signatory to, but no one has yet to appeal any government policies. It may soon have to. If WTO treaties are before their court system, the Internet could be next.
The court system in most democratic nations has dynamics rarely resulting in quick decisions. It may take years before government’s leaders and the lawmakers truly understand what they are dealing with. Some will fail in creating new laws that are considered extreme by many; others may actually pass the litmus test of a Supreme Court decision. History awaits the outcome.
Epilogue - it will never have an ending
So here we are; some of the files are out in the open, more need further decryption, understanding and updating. The pace of the discussion is increasing and appears to be moving along with few delays. 2010 promises to be the start of a new decade that has a few fundamental issues to resolve. The debate has begun and could be a pivotal point in how society uses and government manages the Internet.
November 22nd, 2009
Internet: A threat to government or the other way around? (Part 3)
Part III
From 1959 to 1975, the era of demonstration (Vietnam War) was to protest on the lawns and parks of universities and public venues. The Kent State shootings by National Guard troops in May of 1970 was not the first demonstration against government, but it certainly was the event that ignited further demonstrations at universities all over the United States. Demonstrators had no defense against armed troops and the toll was significant both in political values and individual trust in government. News organizations covered every demonstration nationally from that event onwards until the end of 1975.
There are more Internet Packets than there are bullets
Almost 40 years later, some government officials and elected official are pushing agendas that have long term consequences to its people that have similar overtones of big brother control. Today the landscape is very different. If people don’t like what they see potentially becoming Law, they have a new tools without fear of an M-16 being pointed at them. At one extreme end of protest, several protests went directly onto the offensive and have launched cyber war attacks against government institutions such as Estonia. It has been alleged that a U.S. Congressman suggested cyber attacks should be ordered against North Korea. I investigated this claim and could not find a single article verifying its authenticity, but it’s been reported all over the internet. A request for an interview was declined by the Congressman’s office.
It doesn’t stop there; non government groups are also launching political cyber attack campaigns against (VANK vs. Japan) each other. Emailing an elected official was the first step. Media tools which are now at the disposal of anyone, is an arsenal that has far more power than any individual or group in government can defeat. Instead of thousands of journalists covering a story, there is potentially billions of people reporting bits of news that are crisscrossing the globe that nobody can stop - for now. There is the potential for citizens to protest by using the internet to attack their own government, particularly in the United States and the U.K. and may believe it is their right to do so. This is not the kind of digital divide that government knows how to deal with either. The days of the Boston Tea party are long gone and we know what happened two years later and that is not a scenario that will unfold or be repeated.
Governments have seen this potential and are developing applications and systems that can defend and attack any Internet event, foreign or domestic. This is not (just) about firewalls and creating offensive capabilities, but also about proposing new laws, which many believe are the beginning of a new era of government knows best.
Information is power
Many fear this could behold a future that dictates who holds control over the Internet. Early indications are that this view has some validity. Several nations (United Kingdom, United States, Canada, Egypt, Saudi Arabia, China, and Russia) are already monitoring and archiving significant information about their constituents. There’s nothing new in knowledge that databases exist containing information about its citizens. Here’s what is new: the scale and ultimate purpose. Public safety agencies are encouraged to share multiple databases of information. That has created a new culture in police enforcement and created a new breed of police officer that simply has far more information than they need or should have available to them upon which to make an appraisal or use with valid merit. We have witnessed new variants of stereotype and investigation methods police officers use which are wrong in its outcome. England’s decision to maintain DNA records of individuals, even if found innocent has already caught several police officers making snap decisions that a suspect must be guilty of ’something’ - is a classic example that happens routinely.
What’s good for catching the bad guy maybe worse for the upstanding citizen
People realize that information is kept and archived about them. How it is used or manipulated however, is a completely different discussion. Privacy and protection from abuse of such information has now become a priority concern for everyone and currently there is a widespread worry that government simply does not have the trust of people to ensure its safeguarding. Memories of May 4, 1970 may come back to haunt many.
Governments are proposing laws allowing the tracking and archiving where users are on the Internet. These laws have their foundation in protection against illegal downloading of copyright materials and while valid, have far more reaching consequences than that purpose, and most recognize it as such - except many politicians. How much more information is the government going to track - this blog perhaps? I know that the 754th ELSG - Electronic System Group (part of the 554th ESW Wing) of the U.S. Air Force out of Hanscom Air Force Base has visited the blog, as has the Central Intelligence Agency. That doesn’t mean they are monitoring or tracking this blog, but what’s to stop them for doing so (hi guys! *wave*) and creating a file? - Good thing I know they’re the good guys…..
Go to:
Part 1
Part 2
Part 4 in this series
November 22nd, 2009
Internet: A threat to government or the other way around? (Part 2)
Part II
It’s been suggested in many articles that President Obama won the U.S. election in 2008 because his campaign used Twitter, Facebook and other social media effectively over the course of the campaign that spanned two years. But this new instant social media clearly it works both ways: Bad news travels much faster, and with significantly more power, than good news ever does. Face it: People love dirt and passing on bad news more often, with negative results which tend to stick in a voters mind for a longer period of time than good news does.
The snowball effect
There’s more to it than just a story being uploaded and published on a blog or RSS feed. It goes a lot farther, much much farther. Internet news is now available in every language, where anybody who has access to a computer or smart phone is now a potential audience for ‘news’. That has politicians nervous because just how many of these stories are published with incomplete information along with confirmation that the material they are publishing is true. Harder still, once it’s published, how much effort do you put into getting a retraction if the story is inaccurate? And if the politician pushes too far, it may be perceived that there is in fact truth to the article, compounding the problem. Twitter spreads news like a virus and it’s unstoppable and often it doesn’t, if ever, post retractions or corrections at the same velocity. We thought we understood the 7/24 news cycle when the era of 200 television stations became a reality… uh no…not even close were we in understanding what this cycle means - until now.
The Spin
Bad news is also how the opposition takes aim at its targets. Once a story is in the wild, you can bet your opposite is firing out their take on a story, sometimes with twice the venom and quadruple the amount of information that can literately engulf the target. If you thought spam was a problem, political drama is going to crush it in the years to come. One question it raises is: Can we absorb it all? The politician may have an escape route after all. But there’s an old saying: If enough junk is thrown at the wall, some of it is going to stick…
The story
News is also about agendas that elected leaders want to you to vote for. Out go the press releases, RSS alerts, Twitter, blogs and social portal postings. You become engulfed in it. You can’t surf anywhere without it coming at you. Well, you can, but don’t worry; they’ll find you anyway and make sure you listen. As opposing sides pitch you why each respective side is right and the other is wrong, you wonder if they even remember what they represent you for in the first place. This onslaught of political news is ignored, absorbed and debated and the arguments and dilution of substance begins. Often it can be ugly at one extreme to complete blandness at the other. Politicians rarely remember which side of the bed they woke up on, why should it be any different trying to get a bill passed on the floor of the legislature?
What some leaders are starting to realize is that if they are not careful, their constituents will tune out. So far that’s not holding true, with the majority of western world eligible voters having access to the internet and having an email address or a cell phone with a data plan. Most troubling for elected officials are secondary news sources that create perception beyond their editorial control. These secondary sources are your friends that pass on the news, as a tweet, email, blog or text message which are condensed and revised pieces of news. This audience tends to get engaged BECAUSE it came from a source they associate with. The future might hold that people create firewall or filter rules that prevent political messages getting to them, but rarely will they reject these secondary sources of news.
Reaction to government has moved from the lawns of universities and parks to the Internet.
November 20th, 2009
Internet: A threat to government or the other way around?
Could the Internet pose a threat to government as an institution and create significant problems that shape how governing in the future occurs around the globe? Or are government a danger to users of the Internet — and vice versa?
The answer is maybe both. The internet has plunged government institutions into a very steep learning curve; creating new frontiers that many bureaucrats believe help how they run the country. For many departments, it’s been a windfall in financial savings such as publishing news, services, and many other programs. But for the actual governors of a country, it’s become quicksand or worse: the death knell for an elected official. The power brokers have found that making deals that used to be done in secret are now just about impossible to do. Getting a deal done, negotiating give and take on a bill is now leaked before the ink has even dried, because a draft is already out on the internet on some blog or news forum - like this one. Senators, Congressmen/women, parliamentarians around the world no longer worry about one single person; suddenly, anyone around them can be the next Deep Throat tell-all informer, straight from their BlackBerry to Twitter, and their career could be over.
It could be argued that the internet is the great equalizer to government and its institutions, preventing them from becoming too powerful. For other agencies, it’s an entirely new battlefront - one which they now must confront - and use.
- The Internet is the great creator and destroyer of current and next generation politicians.
- A journalist does his homework and steadfastly enshrines ethical methods.
These two statements are about to collide in a head-on crash of extraordinary proportions. When U.S. President Nixon resigned from office, it wasn’t a news story covering a week in the life of a President’s downfall. It started in June of 1971 and finally ended when he left office in August of 1974. Newspaper reporters had to maintain constant pressure on information leaking out of the White House and Defense Department for three years. Watergate was covered by some of the most respected journalists in the world and ensured that the facts pertaining to the story followed strict guidelines before publication. Those standards were what ultimately brought down a President.
Standards 2009… I don’t have time for that!
Today, a single story with enough information that is both accurate AND false can wipe out a politician in the amount of time it takes to log into a BlackBerry, type out 140 characters onto Twitter.com and you’re done like tweet….
The amount of retractions and corrections that news organizations have published has skyrocketed over the past several years. I myself have had to correct a story’s accuracy of facts. The speed of the internet has also created a conundrum that existed already in newspapers: Deadlines, which have now accelerated from several hours to ‘hit the press’ to seconds to get it online before the person across the street on his cell phone blogs it. Competition isn’t what it used to be. A single event can have devastating effects that spread and collects unwitting victims that are also elected, thus ending that official’s colleague career.
November 13th, 2009
Google hit again with Street View privacy concerns - in Switzerland
First it was Canada, then in Google’s own back yard in the U.S. and now other countries are following suit with privacy concerns over Google’s Street View image database. Switzerland has been reviewing privacy concerns about Street View for the past year.
Google had some significant challenges deploying street view images of Canadian cities and towns based based upon complaints from the Canadian Privacy Commission. Google’s solution was to blur out the images of licence plates and faces. Canada’s Privacy Commissioner (and others) and reviewed the solution and blessed it. Google thought this would be the right path for other countries. Turns out, it’s not enough. In a BBC report, a Swiss court has instructed Google to pull all images in Street View, saying that it did not make sufficiently ‘unrecognizable’ people in images published.
It’s not just images of people that also concerns the Swiss authorities - it’s where, such as hospitals, prisons and other sensitive areas. That has not been brought up in other countries as an issue - yet. Google has blurred images of licence plates and peoples faces in all the cities I checked, Vancouver, B.C. near Canada Place, New York City on Wall Street and Geneva, Switzerland.
Here are three images I created using Google’s Street View service.
Vancouver, B.C.
New York City, New York
Geneva Switzerland
November 10th, 2009
U.K. minister wants enhanced monitoring of Internet usage
U.K. Home Office Minister David Hanson is pushing for further data archiving of information by Communications Service Providers, including such web portals as Facebook. In a BBC published article, the Minister responsible for Privacy, Christopher Graham, (along with several other un-named ministers) has some serious concerns with the proposal.
Not only does Minister Hanson suggest that records be accessible at the source, but also tracked by internet service providers. Such a system would require immense capital and infrastructure. Based on what the Minister desires, it would appear that he wants investigative agencies to have broader mandates in observing people and creating dossiers on anyone in the world. This suggests that the British are gearing up to have a significant electronic intelligence community, similar to the U.S. variant, the National Security Agency. While most G-8 nations have extensive archives and records, it has never been required by local internet service providers or other telecommunications companies to maintain the records to the extent the Home office is suggesting. Such systems have never been within the budget of local police agencies. Minister Hanson is possibly suggesting that these costs should be passed on to the user of the internet services through cost sharing mechanisms of the communications provider and the government through direct subsidy, using tax dollars to implement the initial construction of the platforms required. Read the rest of this entry »
November 9th, 2009
Wireless users may be shut off if sharing copyrighted files
Internet services have created explosive growth in distribution of copyright materials. Some people are distributing it and don’t even know it, some argue. Reaction, regardless whether a consumer knows it or not, is to push for extensive reform and new enforcement capabilities to prevent further erosion and protect their content. The U.K. government responded (Oct. 28) with proposed enforcement options for OFCom to use at its discretion. Among them is the ability to shut off a user’s wireless WiFi service if user is found to be transmitting internet traffic such as file transfer of copyright material. Singling out wireless access to the internet is just the start. Read the rest of this entry »
November 5th, 2009
Copyright associations want enforcement for free
The internet has opened the Pandora’s Box - that everything that can be duplicated - will be. This simple truth will drive up costs for you the consumer. You will pay one of three ways: through the government and the court system (taxes);through your monthly internet access fees paid to your ISP (network operations and infrastructure); or, finally, through higher product costs. More than likely, you will pay all three.
The first generation of technology, copyright protection was easy to target and manage. Organizations such as the MPAA, RIAA, and others lobbied and won governing laws and regulations that ‘taxed’ (in some countries it is defined as a levy) blank tape cassettes and eventually blank CD and DVD products to ‘pay’ for potential infringements of copyright materials. Products that were not taxed (so far) were hard drives, memory cards and Next Gen (NG) Personal Video Recorders (PVR’s) used to record television shows. The time has probably come in which artists and vendors will have to contribute funding for enforcement through sales of their products directly in each jurisdiction they wish to have copyright protection. That cost would then be passed onto consumers through increases in prices. Read the rest of this entry »
November 4th, 2009
European Parliament to revisit telecom regulations
The Members of the European Parliament (MEP) are to convene once more on November 4 to discuss Internet access, along with new rules that are currently being tabled and will be the sole topic up for discussion. At the last meeting on October 6, the Council of EU Telecommunications Ministers formally rejected Parliament’s second-reading amendment on internet access, which dealt with access freedom, indirectly pointed to file sharing and creating a law on disconnecting users that do so illegally.
In a press release by the European Parliament, the Council for EU telecommunications will be discussing a variety of legal issues that have caused a stir around the world on restricting internet access.
Alejo VIDAL-QUADRAS (EPP, Spain) who heads Parliament’s Conciliation Committee delegation, said after the last of these meetings on Thursday morning: “We go into the negotiations in a spirit of compromise, but determined to defend users’ rights and committed to the development of a regulatory framework that will incentivise investment and open up the market. We will do all we can to achieve a good solution, but Council has to understand that Parliament will defend without hesitation the freedom of the citizens it represents”.
The group is reviewing a complete package of innovation, safety and other reforms in respects to telecommunications, including traditional television and radio broadcast, security, privacy, email spam, cyberterrorism, phone number portability and those with disabilities accessing technology. Currently the council is at a significant cross roads on the Internet access and file sharing, copyright and this single issue could scrap the entire telecom package being tabled and given final reading for passage.
Looming larger is how European Parliament’s new regulations and Laws would affect sovereignty of each nation’s jurisdiction with respect to enforcement. One such example: if an individual is convicted of an infraction in Spain, would that country’s court decision (if based on this new set of Laws) be then applicable to all other nations inside the EU with respect to the individual’s conviction? If it is enforceable and agreed upon by all signing nations, this may indicate that Europe is beginning to eliminate the issue of sovereignty all together.
November 2nd, 2009
Net Neutrality: You own the Internet - make sure it becomes Law
Last week I wrote about how Net Neutrality could be blown to pieces in satire and followed up with another piece suggesting that the Internet is not free from government monopolies and corporate service providers. An advocate of an open system that has choice and no boundaries barring access needs some ammunition to fight back with. It has plenty if used appropriately.
For the first time in the world, there’s a service that has a unique platform, allowing all free people to interact, demonstrate, express and bind together to resolve issues. The internet is the vehicle which has and will continue to drive change, innovation, and create an entirely new political landscape that does not have limitations. Could turn out to be a bad or good thing. But internet users will be decision makers on this point, not corporations. Read the rest of this entry »
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