Showing posts with label ireland filtering case. Show all posts
Showing posts with label ireland filtering case. Show all posts

Saturday, June 13, 2009

Digital Convergence Conference HK

Pangloss is having a bonza time at Peter Yu's East:West extravaganza (average session : 6 speakers, 15 mins each!) in HK. This is the most tightly and geekily organised conference I have ever seen. When you have two mins to go, the computer (not the chair!) warns you loudly, in Stephen Hawkings voice. When your time is up, if you don't wander off meekly, it makes a series of noises: STOP!, explosions, angry baby crying(VERY LOUD!!) and so forth - varied to prevent desensitisation. I suggest this programme be open source coded and exported to all future cons :-)

Hong Kong is currently obsessed with two things: swine flu and Green Dam Escort. No, not an aspect of Internet pornography:) HK being terrified of repeat SARS, all of us got temperature taken before allowed in to conference hall. All schools have been closed, and about 90% of locals are wearing masks. Very surreal seeing tech support, photographers and caterers all wearing masks while running around helpfully: feeling of constant risk of being dragged off to be subjected to the alien probe.

Best paper so far: Rebecca Mackinnon of Human Rights Watch, HKU, etc, on angry responses to the Green Dam Escort software embedding censorcode project . In essence from next month all PCs to be sold into mainland China are to have filtering software known as Green Dam installed on them to provide prior exlcusion of unwanted content (wherever the country of origin was). Naturally in the usual way of such censorware, newspapers have already proven that the software allows in nude body art girls but excludes Garfield; also in a lovely confluence of obsesssions, the South China Post observes nude pink pig images are also excluded..

Chinese is a punning language so Green Dam also translates (I think?) as river crab. As China Digital Times then puts it, "The first law of Chinese cyberpolitics is “Where there are River Crabs, there are Grass-Mud Horses (那里有河蟹,那里就有草泥马).” According to this “Law of the ,” online censorship always meets resistance. "

Cue numerous UGC protest YouTube vids of river crabs singing local kiddy songs about green mud horses dubbed with very rude words. Please someone look who speaks Cantonese! They played one, and all local Chinese speakers blushed and giggled! Pangloss wants a translation badly :)) Try starting here.

Anselm Kamperman Sanders later added the interesting gloss to this that Green Dam can actually be seen as a a kind of media control by standards - and thus might be open to international pressure in future by WIPO who are looking at extending control over standards as part of IP harmonisation (or WTO?) Interesting in the context of the current Chinese drive to create its own national standards eg their own version of Office formats and HDTV standards. In some ways Green Dam is the tip of an iceberg of prospective trade war.

Another fascinating paper was Anne Bartow on what I've labeled "fair trade porn": why not deny IP protection to commercial pornography (which has such in US law at least) unless it meets health and safety standards, like ensuring the sex workers involved consent, are over age, etc? Pangloss thinks there's an interesting analogy here with fair trade coffee or organic veg, where some people are prepared to pay higher prices to know more about the provenance and social goals of the product. Now porn is so widely and openly used, would there be a market for this? is porn not something you WANT to be "dirty"? And is there any spare money for fair trade porn, like organic veg, in a recession!

Thursday, April 10, 2008

More on 3 Strikes & Phorm: the ISP Strikes Back, but still true to Phorm

3 Strikes, semper passim :)

Technollama has a good post on Carphone Warehouse's opposition (in its guise as ISP TalkTalk) to the idea of "3 strikes and you're out", and the BPI's response of threatening court action. According to the Telegraph, CW received the following warning by fax from the BPI:

""... unless we receive your agreement in writing that within 14 days Carphone Warehouse will implement procedures set out above [bold added], we reserve our right to apply to court for injunctions and other relief without further notice to protect our members' rights."

Which leaves one wondering: WHAT procedures? Last Pangloss heard, negotiations were going on between the ISPA and the MPA as to a protocol for "progressive" discouragement of filesharing by eventual disconnection, but no agreement had been struck; certainly if the BPI has fomed a binding contract or even voluntary code of practice on similar lines with some or all UK ISPs, this is something the public should know about surely?

If, as seems more likely, no agreement exists, the BPI seem to be making some wrong assumptions about the remedies available to them. As it stand the common consensus is that ISPs are protected from liability for the actionable or illegal activity of their users unless they are shown to have actual or constructive knowledge of material they host fo rnusers (E Commerce Directive, Art 14). If the liability relates to the ISP's role as a mere conduit (Art 12) then ISP's are immune whether or not they receive notice. In all other circumstances, the BPI are limited merely to seeking an injunction against the ISP; although they are of course free to sue the actual users. "Other relief" - which can surely only be construed as implying either the imposotion of a filtering obligation or damages - does not prima facie seem to be available.

Of course in Ireland, also in apparent contradiction to both Arts 14 and 15 of the ECD, the music industry are currently attempting to impose an obligation to filter out pirate tracks on Ireland's biggest ISP, Eircom.Various Irish legal commentators notably TJ Macintyre and the unpronounceable Daithi McSigh have already pointed out the major policy and legal objections to such a claim. But it appears to be saber rattling season on both sides of the Irish Sea, presumably in anticipation of the consultation paper on 3 Strikes we are promised by BERR sometime between now and the autumn.

Phorm

Talk Talk/CW themselves should not be regarded too quickly as heroes of the hour though. Remember Talk Talk is one of the ISPs already signed up for the currently rather controversial Phorm system. Since it seems unlikely UK ISPs are going to go down the 3 Strikes route without legislation, CW/TT have good PR to gain, and nothing much to lose, by speaking out against the BPI :)

On Phorm, matters currently appear to be running against the pioneering or invasive new ISP-level adware system (depending on your side of the fence.) The ICO amended their postition on Phorm yesterday after considerable pressure by inter alia, ORG and FIPR:

"Ad-targeting system Phorm must be "opt in" when it is rolled out, says the Information Commissioner Office (ICO)

European data protection laws demand that users must choose to enrol in the controversial system, said the ICO in an amended statement.

The decision could be a blow to Phorm which before now has said it would operate on an "opt out" basis.

The ICO will monitor the trials and commercial rollout of Phorm to ensure data protection laws are observed."

EDIT: there is a rather sensible comment on the Beeb site about the likely implications of opt-in for Phorm.

This statement, interestingly, still leaves untouched the question of whether Phorm is not only potentially in breach of DP law but an illegal interception of communications under RIPA. The ICO of course has an interest in surveillance, but does not oversee it; interception is technically supervised by the Interception of Communications Commissioner . Home Office communications have indicated they think Phorm legal in this respect, but other commentators such as Nicholas Bohm, differ.