Category: Blogs
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 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
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 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.
October 30th, 2009
ZDNet Government version of Throw out the Trash Day
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
Best Website - Organization of Content
Most innovative government website:
Worst website for Content
Worst website - Organization of content
October 20th, 2009
Electronic voting: Changing the world faster than a Windows upgrade
The world changes every day and often our lives get impacted every second by outcomes out of our domain or control. Government institutions and the leaders we elected change political behaviors at a slower pace. Lawmakers react along party lines and tout change as the promised path to improvements. They have four years, sometimes longer, in office to create change. It can take decades for policies and laws to actually happen in many parts of the world. The Internet world is pushing to shorten those time lines.
Computers, smart phones, and applications are now a part of the social fabric that we all use. It seems we are a very vocal bunch. No longer is it about having your own website or voice on a newsgroup posting — that’s old stuff. Today, it’s being a part of a social network both as an individual and a group or business. You join different clubs and organizations, sign virtual petitions and speak out on issues and still talk to your lost long family, friends and make new ones.
Who would have ever thought that 300 million users would be on Facebook in such a short time? Language translation of a web page now takes place in a nanosecond. Nobody should to be left out if they are connected to the Internet. The world access to the Internet is now approximately 1.6 billion people — roughly 25% of the population.
The recent global financial crisis was predictable by computer modeling, some argue — if the regulators around the world had integrated laws and data sharing. That’s unlikely, given the reality of how much risk people were simply willing to take and given the lax rules that existed. It’s true, some blogs and information about the crisis that occurred exploded on the internet and published on many of the social websites we visit every day. Publishing articles about the disaster are global since it impacted so many people’s lives. Governments have reacted, this time quickly. Financial reforms and bailouts are happening around the world at lightning speed compared to normal government day-to-day ramblings. Government is listening, making fundamental changes in how they govern when they link to Facebook, Myspace, Twitter and many others and update almost daily. The White House is linked to all of them!
Are the changes in direction about faces to implementation of such web portals? Is this truly going to change governments and how they create law? As technology, security solutions and applications improve and become trusted, I would not be surprised to see certified referendums, municipal and federal government level voting on specific issues be made available and counted on web sites or portals, a reality within a year in some parts of the world. Some countries are already doing limited online voting (U.K., Canada, Switzerland) for elections. In the U.S., it has been used for primaries. Read the rest of this entry »
October 5th, 2009
FTC publishes final rules on blogger payola, endorsements
So much for blogger self-regulation. Blogger payola is now firmly in the crosshairs of the Federal Trade Commission, which today released new guidelines in endorsements and testimonials. If you receive a free product or a cash payment to review a product, you must “disclose the material connections (you) share with the seller of the product or service.”
That seems to mean that review copies of software must be disclosed, although this seems like less of an issue since most sophisticated tech readers would understand that free review software was supplied. But a few years back, Microsoft was shipping review copies of Vista on souped-up comp laptops.
Caroline McCarthy notes that the mommy blogger sector seems to live and breathe on freebies, so those blogs could start having disclaimers as long as the blog posts.
ReadWriteWeb also notes the mommy blogger problem and that the regulations will be somewhat difficult to enforce.
Here’s the relevant language:
The revised Guides also add new examples to illustrate the long standing principle that “material connections” (sometimes payments or free products) between advertisers and endorsers – connections that consumers would not expect – must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other “word-of-mouth” marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement – like any other advertisement – is deceptive if it makes false or misleading claims.
February 26th, 2007
DAs blogging - just a bad idea, or actionable?
Blogging offers a powerful tool for getting one's message out there, for providing transparency on the inner workings of government and for speaking directly to the public. But it's obviously not always appropriate for government to blog - especially on sites the public pays for. Several California prosecutors are blogging, The San Francisco Chronicle reports, and they're raising eyebrows.
Ed Jagels, district attorney for Kern County, for instance, launched a blog solely to lambast what he sees as the inaccurate reporting of the Bakersfield Californian newspaper. Actually "blog" might not be the word for it all. Jagels has written a number of columns which are posted as PDF files. The effort is raising eyebrows.
"Prosecutors are supposed to stay above the fray. They have to give the public the idea that they are impartial, unbiased," said attorney Diane Karpman, who writes an ethics column for the California Bar Journal. Blogging could impair their "ability to prosecute cases in a fair and objective manner," she said.
"It's not seemly, and I don't think it's appropriate," Karpman said.
All the more so since Jagels terms his effort "a public service provided by prosecutors of the Kern County district attorney's office."
The intent, Jagels said, was to post a weekly analysis of the Californian's crime reporting; each would be written by a prosecutor who would outline the paper's "false claims, distortions and shoddy journalism."
It might be unseemly but since Jagels isn't discussing current cases, it's no more than that.
A series of postings by district attorney George Kennedy attacking the San Jose Mercury News' coverage of a rape case is the subject of a libel suit by the defendant, whose conviction has been overturned. Damon Auguste has pleaded guilty to a lesser charge.
Ordinarily, the guilty plea would be the end of it, but the DA's office is using the website's press release page to continue to strike back at the Mercury's coverage.
Stephen Barnett, a professor emeritus at UC Berkeley's Boalt Hall School of Law and expert in First Amendment issues, said Kennedy and other blogging prosecutors could find themselves in hot water — particularly if they do not appear to be keeping an open mind.
"District attorneys aren't supposed to try their cases in the press," he said. "They often do, of course. But this is not a D.A. standing up once on the courthouse steps and saying 'We got our guy.' This sounds like a continuous publicity effort."
Moreover, DAs that reveal details of defendants' rap sheets may get kicked off of cases. An opinion by former state Attorney General Bill Lockyer prohibits prosecutors from disclosing any information that details a defendant's rap sheet.
July 24th, 2006
CIA blogger fired for torture post
A software contractor for the CIA lost her job last week when she blogged one post too many. The Washington Post’s Dana Priest reported on Friday that Christine Axsmith, who wrote a popular blog for people top-secret security clearances, criticized the US policy on torture and promptly found herself on the street.
Writing as Covert Communications, CC for short, and posting on Intelink, the intel world’s classified intranet, she was a typical general blogger in a rarified domain. She wrote about everything from the economy to terrorism to the food in the CIA cafeteria.
The day of the last post (July 13), Axsmith said, after reading a newspaper report that the CIA would join the rest of the U.S. government in according Geneva Conventions rights to prisoners, she posted her views on the subject.
It started, she said, something like this: "Waterboarding is Torture and Torture is Wrong."
And it continued, she added, with something like this: "CC had the sad occasion to read interrogation transcripts in an assignment that should not be made public. And, let’s just say, European lives were not saved." (That was a jab at Secretary of State Condoleezza Rice’s trip to Europe late last year when she defended U.S. policy on secret detentions and interrogations.)
She thought it would be OK to post about it, since the official policy had changed. She was wrong. She thought she might be reprimanded or her blog would be deleted. She was wrong about that too.
After a humiliating interrogation in which her badge was taken and she was left in a freezing conference room that people used as a shortcut, she was fired.
Fired - and threatened with criminal prosecution - for opining that torture is wrong, at a time when that sentiment is official policy.
How’s that for a chilling effect?
March 30th, 2006
NJ bills would require user logging
Two Assembly bills are moving through the New Jersey legislature that would require Internet service providers to record users’ identities and reveal them in any claim of defamation, reports the Electronic Frontier Foundation website.
In a nutshell, assembly bills A1327 and A2623 would require Internet service providers to record users’ identities and reveal them in any claim of defamation. According to the EFF, the bills instead run chip away at First Amendment rights—which protects the right to speak anonymously. The bills would require identification of an online poster before the facts were resolved, leading to a flood of unsubstantiated claims designed simply to unmask online speakers.
"Protecting anonymity is vital to maintaining the diversity of viewpoints on the Internet," said EFF Staff Attorney Kurt Opsahl. "Keeping online debates robust enables democracy, even if it allows name-calling and strongly worded opinions about political figures."
In response to this legislation, a coalition of companies, industry leaders and organizations have written an open letter to three New Jersey assemblymen, urging them not to waste taxpayers dollars on bills that will surely be struck down in court.
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