Category: International
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 20th, 2009
Friday's Throw out the trash day and Polls for the week of Nov 20th
This week wasn’t a slow one for news, but it certainly had some bizarre stories. Some headlines for you and all the polls that I’ve posted throughout the week are listed here for those of you who haven’t (yet) read all my postings.
Senate Hearing hears testimony that 80% of cyber attacks are preventable. Really?
According to the British Government, they are leading the world in the use of technology. If that’s so then why are they losing so much data? Perhaps they should have senate hearings too….
To prove my point, a doctor in England claims over 100,000 X-Rays went unchecked and were stuck in closet…
But hey if you can’t get a country to create laws to ensure peace and democracy, pay them instead. The EU is giving Nigeria a BILLION Dollars to end corruption. How does this work again?
Polls of the week:
Loading ... Loading ... Loading ... Loading ... Loading ... Loading ...Website of the Week: Vancouver Winter 2010 Olympic Games Website
November 17th, 2009
Internet Governance Forum goes to Egypt and hits a few snags
It seems that no matter where, when and why, somebody has to make sure a political statement is made. Now it seems that the United Nations is also getting into the Internet debate and dipping its toes into the Net Neutrality debate. The Internet Governance Forum is no different. Funded by the United Nations, its political firestorms are no different than those occurring daily at the World Headquarters in New York.
Sir Tim Berners-Lee delivered a keynote speech, launching the World Wide Web Foundation at the Internet Governance Forum sponsored by the United Nations being held in Egypt. A most unique place in which to hold the event some suggest. That in turn raised some eyebrows of another group, Reporters without Borders suggesting that the Government of Egypt is ‘hostile’ to the very concept of the Internet.
Then not even a day into the conference, Egypt announces that it’s launching a Arabic domain .masr to abbreviate Egypt name. And then somebody lit the fuse.
The BBC reported that the United Nations requested that certain posters and flyers stop being handed out during the conference with respects to a film about ‘Free Tibet’. From there it has been all downhill. This is the headline story instead of one of the key topics of the event, Security Openness and Privacy.
And the conference isn’t even over yet.
November 11th, 2009
Our freedom comes at a price
It’s easy for all of us to complain, debate, and argue over what’s right and wrong in our part of the world. But it comes at a price that all too often we take for granted. On this Veteran’s Day / Memorial Day, Remembrance Day and Armistice Day, take a moment to pay respect for those who sacrificed so much to enable us to have freedom.
As tensions rise on the Korean Peninsula with patrol boats firing at each other, Columbia and Venezuela heating up political rhetoric, in addition to the war going on in Afghanistan and Iraq, those that serve in armed forces around the world should be remembered and supported.
You can always write letters to troops stationed anywhere in the world. Now you can email them;
Australia: Messages can be sent via e-mail to: messagestothetroops@defence.gov.au or sent via fax to +61 (0)2 6266 7701.
Canada: Support our Troops Message Board: http://news.gc.ca/web/article-eng.do?m=/index&nid=492289
New Zealand: Could not find a link on the website.
United Kingdom: There is no link for such an option on the main Ministry of Defence website or RAF, RN or RA.
United States: http://www.ourmilitary.mil/Message.aspx?SectionID=5
If you know of a link, please post them on a talkback for those that I could not find.
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.
Home Office Ministry - United Kingdom
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
Northrop Grumman sells consulting firm in leveraged buy-out
Like the accounting industry, selling products and offering consulting services creates conflicts. Northrop Grumman offers both services to government agencies, particularly U.S. Homeland Security and the military. The U.S. (and other countries) have new guidelines and regulations, resulting in Northrop Grumman announcing that it is selling its consulting group TASC.
Northrop Grumman, one of the largest suppliers to U.S. military has sold the division to Kohlberg Kravis Roberts (KKR) and the Atlantic Group for $1.65 billion. 
Ronald D Sugar is notes that this is in the best interests of Grumman Northrop;
“
This transaction is in the best interest of Northrop Grumman’s customers, employees and shareholders,” said Ronald D. Sugar, chairman and chief executive officer. “It reflects Northrop Grumman’s desire to align quickly with the government’s new organizational conflict of interest standards, while preserving TASC’s unique organizational culture and its status as the advisory services employer of choice. TASC is a remarkable organization with a proud 43-year heritage of supporting critical national security missions. We are confident the investors understand the critical importance of its customers’ missions and the depth and sophistication of its employees’ expertise.”
TASC has revenues of $1.6 billion. The deal is expected to close by the end of the year with the cash going to buy back its stock.
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 6th, 2009
Human x-ray machines: Coming soon to an airport near you
In the movie Total Recall, Arnold Schwarzenegger (Gov. of California) runs through a security check point corridor operating using X-Ray technology. That film was released in 1990. Today that technology is being installed around the world at airports, border check points, marine ports and high risk security environments such as court buildings. They are currently being assessed or used in Canada, the U.S., U.K., Russia, Japan, and Australia. Some countries, such as India, have outright rejected them based on privacy and considered too offensive to passengers. Significant concern is being raised as to the long term medical impacts to humans going through the devices.
In Canada, the Canadian Air Transport Security Agency (CATSA) organization has completed some field trials at smaller airports (Kelowna, B.C.) and is looking to purchase a half dozen of the machines to continue further assessment. There are approximately 18 airports in the U.S. using them. In the U.K. several airports now have them including Manchester. Testing in several countries has been going since 2004. In the U.S. the Transportation Security Administration began field trials in 2007. The technology offers security details to process passengers quickly and determine if weapons or other contraband is on a person without doing physical body search. Such technology would significantly improve the detection of hidden materials. 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.
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