November 23rd, 2009

Internet: A threat to government or the other way around? (Part 4)

Posted by Doug Hanchard @ November 23, 2009 @ 10:51 AM

Categories: Antitrust, Blogs, Censorship, China, Commerce, Congress, Copyright, Courts, Cyber Security, Cybercrime, Cyberwar, Defense, Disaster recovery, E-government, Elections, European Parliament, European Union, FCC, FTC, Government 2.0, Government technology, Green Dam, Homeland security, Intellectual Property, Intelligence, International, Journalism, Justice, Law enforcement, Open government, Regulations, Security, Senate, Social networks, Spam, Standards, State & Local Govt, Telecom, UK, United Kingdom, United Nations, Web, politics

Tags: Law, Court, Counter Point, Internet, Government, Doug Hanchard

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.

Go back to:
Part 1
Part 2
Part 3 in this series

November 20th, 2009

Internet: A threat to government or the other way around?

Posted by Doug Hanchard @ November 20, 2009 @ 6:58 AM

Categories: Blogs, Courts, Cyberwar, Elections, Government technology, Journalism, Multi-media, Net neutrality, Open government, Privacy, Regulations, Social networks, State & Local Govt, Telecom, Twitter, Web, Winter Olympic Games, politics

Tags: President, Internet, Government, Vertical Industries, Doug Hanchard

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.

Go to:
Part 2
Part 3
Part 4 in this series

November 10th, 2009

U.K. minister wants enhanced monitoring of Internet usage

Posted by Doug Hanchard @ November 10, 2009 @ 7:06 AM

Categories: Commerce, Courts, Cyber Security, Cybercrime, Databases, E-government, Government technology, Home Office, IT Management, Intelligence, International, Law enforcement, NSA, Network security, Networking, Open government, RIAA, Regulations, Security, Servers, Social networks, Standards, State & Local Govt, Telecom, UK, VoIP, piracy

Tags: Internet Usage, Agency, British Broadcasting Corp., Monitoring, Internet Service Provider, Service Provider, U.K., Web Portal, U.K. Home Office Minister David Hanson, Minister Hanson

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

Posted by Doug Hanchard @ November 9, 2009 @ 7:12 AM

Categories: Antitrust, E-government, Ethics, Government technology, Homeland security, ICT, IT Management, International, Telecom, Transportation

Tags: Northrop Grumman Corp., Consulting, TASC, Ronald D Sugar, Outsourcing, Operational Accounting, It Operations, Business Operations, Outsourcing & Subcontracting, Finance

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

Posted by Doug Hanchard @ November 9, 2009 @ 6:28 AM

Categories: Commerce, Copyright, Courts, International, Justice, Law enforcement, Mobile/wireless, Net neutrality, Patents, Privacy, Security, Telecom, UK, Web services, piracy

Tags: Service Provider, U.K., Wireless, Wireless Security Problem, Internet, Wi-Fi, Wireless LANs, Internet Service Providers (ISPs), Business Services, Wireless And Mobility

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

Posted by Doug Hanchard @ November 5, 2009 @ 10:41 AM

Categories: Canada, Censorship, Congress, Copyright, Courts, Cyber Security, Cybercrime, Defense, E-government, European Union, Intellectual Property, International, Justice, Law enforcement, Privacy, RIAA, Regulations, Security, State & Local Govt, Telecom, UK

Tags: Monitor, Internet Service Provider, Deep Packet Inspection Technique, Internet Service Providers (ISPs), Monitors & Displays, Internet, Hardware, Components, Doug Hanchard

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

Posted by Doug Hanchard @ November 4, 2009 @ 4:30 AM

Categories: Courts, Cyber Security, Disaster recovery, E-government, European Parliament, European Union, Government technology, International, Justice, Law enforcement, Mobile/wireless, Network security, Open government, Privacy, Regulations, Security, Spam, Standards, State & Local Govt, Telecom, UK, VoIP, piracy

Tags: Internet Access, Telecom Regulation, European Parliament, Telephony, Telecom & Utilities, Telecommunications, Networking, Doug Hanchard

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

Posted by Doug Hanchard @ November 2, 2009 @ 6:23 AM

Categories: Censorship, Congress, Copyright, Courts, Cybercrime, E-government, FCC, International, Journalism, Justice, Law enforcement, Net neutrality, Privacy, Regulations, Security, Social networks, Standards, State & Local Govt, Telecom, Web services

Tags: Regulation, Net Neutrality, Law, News Organization, Changes, Internet, Doug Hanchard

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 »

October 30th, 2009

ZDNet Government version of Throw out the Trash Day

Posted by Doug Hanchard @ October 30, 2009 @ 1:12 PM

Categories: Blogs, Congress, E-government, FCC, Government 2.0, Government technology, Journalism, Open government, State & Local Govt, Telecom, UK, White House

Tags: FCC, Web Site, Wired Magazine, Web Site Development, Internet Service Providers (ISPs), Web Technology, Federal Government, Internet, Government, Doug Hanchard

Friday is always an interesting day to report news. In the hit political drama series produced and written by Aaron Sorkin, The West Wing, he came up with how the White House Press Secretary got into a routine with staffers in the Communications office to gather up all the news that should be announced, but prayed nobody read about it. Well guess what, covering the news on Government issues can be the same! So every Friday, it will be Take out the Trash Day .

Here’s my take on some news that isn’t all that interesting but still made it online somewhere….

Throw out the trash day

From the New York Times - Governor of California sends secret code message (this too was a story line in one of the episode of  The West Wing) - Arnold got some pretty good writers!

Wired Magazine says an ISP owner still under gag order by the FBI. Wonder if the ISP had any other news to report, like are customer connections still working?

The BBC found thieves who think copper is still worth stealing from British Telecom - an entire Kilometer ripped out from a conduit by truck!

Minister of Environment for Australia jumps onto the smart grid energy bandwagon.  Soon the entire world will have governments and utility companies capable of remotely shutting off your electricity and you won’t have a choice.

Also included on the last Friday of each month, I will blog my take on the best and worst government websites. Send me an email if you find ones that I should rate. At the end of the year I’ll announce the ‘awards’ of each category.

Best Website for month of October for Content

City of Los Angeles

Best Website - Organization of Content

Whitehouse, Washington D.C.

Most innovative government website:

Open Internet by the FCC

Worst website for Content

City of New York

Worst website - Organization of content

Federal Communications Commission

October 27th, 2009

Banks and auto sector got bailed out, are telecom providers next?

Posted by Doug Hanchard @ October 27, 2009 @ 12:45 PM

Categories: Budget, Canada, Comcast, Commerce, Congress, E-government, FCC, Google, Government technology, IT Management, International, Microsoft, Net neutrality, Personnel Management, Regulations, Telecom, UK

Tags: Innovation, Bank, Debt, Internet, Telephony, Smb/Sme, Government, Telecom & Utilities, Telecommunications, Strategy

U.S. Senator John McCain came out with statements against government interference or the creation of regulations by the FCC. Instead he came out proposing a new law to prevent law. The Senator stated that Net Neutrality would stifle profitability, innovation, commerce and that jobs would not be  created with such regulation. Telecom and Internet Service providers are not hiring and with current debt levels some are barely profitable. But for how long? The FCC’s proposed Net Neutrality rulesare probably the least of the worries that are on the horizon for the Internet. Worldwide the industry has been turned upside down and none of the industry players got bailouts like the banks or auto sector did. Debt at many of the main telecom players are at unbelievable levels;

• France Telecom: 34.7 Billion Euros
• British Telecom: 16.1 Billion Euros
• Cable & Wireless: 922 million Pounds
• Italia Telecom: 35.8 Billion Euros
• Telstra : 16.1 Billion Au
• New Zealand Telecom: 2.8 Billion NZ
• NT&T : 639 Billion Yet
• Bell Canada: 14 Billion Cdn
• Telus: 7.5 Billion Cdn
• AT&T: 60.8 Billion US
• Sprint: 21.6 Billion US
• Comcast: 30.0 Billion US

These levels are sustainable for most, providing the economy doesn’t get any worse and credit facilities do not collapse any farther. Nortel collapsed under debt, Alcatel and Lucent merged and is heavily leveraged,  leaving Cisco as the only healthy one. Job creation and innovation will have to come from companies that have little or no debt burden. Most of ones listed above have made significant cuts in employment. Government regulates providers already, and does offer some incentives, grants and loans for internet innovations, and they are in debt in the trillions of dollars already. The private sector will be the innovator and career opportunities engine for internet services and applications that create healthy profit. Companies like RIM, Microsoft, Cisco and Google have significant advantages in growth capabilities. But it will be small and medium business (SMB) sized companies that will likely be responsible, and are rarely given credit for doing so around the world. Many wonder if they can bail out the industry before government has to.