B2fxxx

By Ray Corrigan
 


RSS Feed

Atom Site Feed




A version of my old Open University net law course, T182 Law, the Internet and Society, is now available on OpenLearn.

Arabic German Portuguese Chinese Italian Russian Japanese Spanish French Korean (About)




Aaron Swartz
Abusable tech ATAC
Academic Copyright
AdviceNow UK Advice service
A copyfighter's musings
Alex Salkever's Security Net
American Prospect
Andrew McLaughlin
Ariadne
Atlantic Monthly
Ananova
ARCH
ALA Info-Commons blog
Bag and baggage
BALII
Balkanization
Battle Searchblog
BBC
Berkeley IP Blawg
Berkman Center
beSpacific
Bhopal Justice Campaign
Bitlaw
Blawg Republic
Blogbook
Blogs at Harvard
Blogscript
Blogzilla Ian Brown
BNA net news
BNA Web Watch
Boingboing
Censorware Project
CDT
Chilling Effects Clearinghouse
Chronicle of Higher Education
CIA Factbook
City of Sound
Cluebot
CNN
CNet News
Consensus at Lawerpoint
Copyfight
Copyfutures
Copyright Colloquium
Copyright Readings blog
Cornell's LII
Corner House
Creative Commons
Criminal waste of space
Crypto-gram
Current bytes in brief
CyberRights UK
Cyberspace law
Daily Whirl
Dan Gillmor
Darknet J.D. Lasica
David Isenberg
disLEXia
Doc Searls
Don't link to us
Drew Clark
Economics of Privacy
Economist
Ed Techie
EDDix top 50 blawgs
E-evidence
EFF
EFF Deeplinks
EFF Minilinks
Elizabeth Rader
EPIC
Ernie the Attorney
Electronic Telegraph
Equal vote blog
Ethical Spectacle
EU Law Web Log
EUpolitix
Euractiv news
EUR Lex index
http://Euro-Copyrights.org/
Europa
EU Commission Pressroom
Europemedia
Evoting-experts.com/
Feedmelegal
footnotes
Fravia web searchlore
Freedom to Tinker
First Monday
Financial Times
Findlaw
FIPR
Froomkin
Froomkin blog
Furdlog - Frank Field
Gigalaw
GILC
Global Voices
GovNet newsfeed
Greplaw
Groklaw
Harvard Jolt
How Appealing
Ian Clarke's blog
ICANN Watch
Ideal e-government
ID theft protection blog
Importance of
INDICARE on drm
INDUCE Act blog
Infolaw
Inforlaw What's New blog
Infosoctech Alan Cunningham
Instapundit
International Herald Tribune
Internet censorship explorer
Internet Legal Resource Grp
Internet Scambusters
IP Central weblog
IPKat
IP Matters
IPRsonline portal
IP Watch
ITN
James Boyle
Jennifer Granick
Jessica Litman
JILT
Jurist
Jurist Paper Chase
Justice Talking
Kim Cameron's Identity blog
Kuro5hin
Law.com
Lawmeme at Yale
Law Society Gazette
Legal Affairs
Legal Theory (Solum) Blog
Lessig weblog
Lex Ferenda
Lex in the city iNews
Librarians' Internet Index
LibraryLaw blog
Linux Journal
Madisonian Theory
Martin W
Mercury News
Memex
Mindjack
MIT Technology Review
MSNBC
Napsterization
Newsforge
No2ID
Nolo Law Center
The Ndiyo Project
New York Times
NTK
Ofcomwatch
OneWorld
Online Journalism Review
On Lisa's Radar
Once upon a time...
On the Commons - Bollier
On the Identity Trail
Open Access News
Open Rights Group
O'Reilly
OUseful
Overlawyered UK
Pangloss Lilian Edwards
P2P policy course Berkeley
Policy Power Tools
Politech
PLoS
Posner & Becker Blog
Privacy & economics
Privacy Journal
Privacy Policy
Walt Mossberg
Phil Agre
Public Knowledge
Quicklinks
Reason
Red Herring
Reporting Civil Rights
RIP archive at FIPR
Roger Clarke
Ross Anderson
Rufus Pollock
Salon
Samuelson's cyberlinks
SANS Computer Security
Sarah Carter's lawlinks
ScadPlus Activities of the EU
SCOTUS blog
Scripting News
Shifted Librarian
Shirky
Siva Vaidhyanathan
Siva Vaidhyanathan Googlization
TalkLeft
Village Voice
Volokh Conspiracy
SciDev Network
Security Focus
Seltzer blog
Seth Finkelstein
Shifted Librarian
Silicon Valley
Slashdot
Slate
Snopes Urban legends
Spyblog
Stephen Fry
STLR
Susan Crawford
American Prospect Weblog
Tech Law Journal
The CATO Institute
The Blog of Doom
The Corner House
The Green Bag
The Guardian
The Industry Standard
The Laboratorium James Grimmelmann
The Nando Times
The New Republic TNR
The Register
The Times
The RISKS Digest
The Trademark Blog
Tony H
Townhall
UCLA Cyberspace Law
UEA law blog
UK Court Service
UK Criminal Justice blog
UK FOI blog
UK Human Rights Archive
UNESCO copyright site
Urban Legends
USACM blog
VUNet
Weatherall's law
Wikipedia
WIPO
WIPO CLEA
WJIN
xkcd
ZDNet

http://www.wikio.co.uk


 

This page is powered by Blogger. Isn't yours?

Sitemeter count:

One click on a button helps feed the hungry

Support the Open Rights Group

Search
Google

WWW
B2fxxx


Twitter Updates

    follow me on Twitter



          Friday, February 05, 2010

     

    A few weeks ago Google announced, in the wake of ‘a highly sophisticated and targeted attack on our corporate infrastructure’ and to widespread plaudits in the Western media at least, that the company was taking a stand against China.  They would no longer censor Chinese search results in accordance with the local laws and if the government didn’t like it then they would withdraw their business from the country.  US Secretary of State, Hilary Clinton, subsequently criticised China over the attacks and called on Google to avoid facilitating "politically motivated censorship".

    In The Enemy of the State, the second programme of the OU/BBC's The Virtual Revolution series, Dr Aleks Krotoski looks at China via the notion of a digital arms race between the individual and the state, a model through which the government attempts to control the individual by mass censorship, propaganda and surveillance. 

    Many people are aware of the “Great Firewall of China”, the internet filters deployed by China to censor web pages containing terms like ‘Falun Gong’, ‘Dalai Lama’ or ‘Tiananmen Square massacre’.  Yahoo!, another big US technology company, has been accused of working “regularly and efficiently with the Chinese police" to hand over the personal details of dissident web bloggers, leading to terms of 8 and 10 years respectively for Li Zhi and Shi Tao for criticising their government.  Microsoft, Cisco and numerous other global companies have also been vilified for cooperating in censoring the web in China.  Most defend themselves, as Google do, “in the belief that the benefits of increased access to information for people in China and a more open Internet outweighed our discomfort in agreeing to censor some results.”

    As an Irish, white, middle class academic, resident in the UK, I can grumble about unethical behaviour of big business and the poor human rights record of regimes like China or Iran through the lens of a simplistic algorithm:

    China, Iran, Saudi Arabia, North Korea = totalitarian states

    Therefore,

    Censorship + surveillance = scary + bad

    And,

    Citizen anonymity = necessary + good

    Yet such smug simplistic models rarely tell the real story.  It is not just the supposed totalitarian states that are engaged in large scale censorship and surveillance. Freedom of speech has never been an absolute. Even in the US, where it is protected by the first amendment to the constitution, citizens don’t have the freedom to yell “fire!” in a crowded theatre.

    At the behest of the UK government, in response to a failed attempt to blow up a plane with explosives hidden in the attacker’s underpants, Heathrow Airport has installed digital strip search machines for the masses.  UK Transport Secretary Andrew Andonis said: "In the immediate future, only a small proportion of airline passengers will be selected for scanning. If a passenger is selected for scanning, and declines, they will not be permitted to fly."  You will not be allowed on a plane at Heathrow if you refuse to go through a digital strip search when asked. 

    Laws in the UK, US and a range of other Western democracies require surveillance capability to be built into our communications networks, large scale data retention and the construction of large databases of personal information, all in the name of combating terrorism, crime or protecting children and intellectual property.  Wide scale censorship of the Net takes place not just in China and Saudi Arabia but in the UK, parts of the US, Canada, Spain, France, Australia, Germany and many other countries in an attempt to block such horrors as child pornography or Nazi propaganda.  Yet that is ok in the simplistic model of the world I presented earlier:

    UK, US, Germany, France = democracies

    Therefore,

    Censorship + surveillance = necessary to protect children + stop terrorists

    And

    Anonymity = bad, if you have nothing to hide you have nothing to fear

    But the model quickly breaks down on all fronts when examined in any detail.  Firstly you have to realise that software filters, known by critics as ‘censorware’, don’t do value judgments.  They often censor perfectly legitimate sites and fail to block illegal ones.  They often also censor websites which are critical of the companies selling the filter software. And in 1999 a big US internet service provider, IDT, shut down all internet traffic originating in the UK because of a spam problem they traced to a computer at Leeds University

    Secondly, anyone with even the mildest understanding of the value of personal privacy has no time for the over-used empty soundbite ‘nothing to hide nothing to fear’, deployed regularly by politicians with large database ‘cures’ for various societal ills.

    And thirdly, the thing about technical and legal architectures of surveillance is they are not the exclusive playground of the good guys.  The Internet makes our world more complicated not less so.  Government computers are widely and virtually irreversibly networked with private sector machines; and governments have not got a great record of building totally reliable, fit-for-purpose, secure information systems.  Large, valuable, porous information systems with built-in surveillance tools are very attractive targets for individuals, organisations and states with malign intent. 

    They also have a tendency to be misused by public officials because they are convenient to use.  So for example council officials in the UK use anti-terror laws and technical facilities to spy on families suspected of lying on their forms when applying to get their children into good state schools.  After the terrorist attacks of 11th September 2001, then President George W. Bush ordered the National Security Agency to use surveillance systems hardwired into the telecoms network to illegally engage in mass warrantless wiretapping of the phone conversations of tens of thousands of people.* 

    Although there have been a variety of instances of US military information finding its way into Chinese hands via the hacking of US military systems and possibly vice versa, we have not yet really seen a whole lot of this.  But as Ross Anderson says in the Virtual Revolution, as the world becomes more connected the opportunity for nations to do bad things to each other will increase, especially since the tools of surveillance and espionage are literally being designed and built into our communications systems.

    Ironically, by building a surveillance infrastructure in the name of security, Western governments and commercial organisations are making us much less secure not more so.  Systems with no such in-built surveillance tools, but instead constructed on the principles of “net neutrality”** supported by President Obama recently in his first state of the union address, are more secure.

    I’m not suggesting the UK government have anything like the totalitarian intent of the cold war East German or Soviet regimes or that MI5 or MI6 have the terrifying influence of the Stasi, the KGB or the Nazi SS.  Gordon Brown is certainly no Mao Zedong and respected journalists like Henry Porter or former Information Commissioner Richard Thomas are not going to suddenly be detained and locked up for 10 years for repeatedly accusing the government of “sleepwalking into a surveillance state”.  But we continue to construct and expand these systems at our peril and the threats they pose are real not virtual.

    In the spring of 2004 over 100 mobile phones used by key members of the Greek government including the Prime Minister, minister for justice and foreign minister were subject to covert wiretapping which lasted for over a year.  It’s still not clear who did the spying but the facility to do it was built into the Vodaphone phones by Ericsson.  It was only supposed to be switched on if permission was granted through appropriate legal processes.  Somebody figured out how to switch it on. Without permission.

    A leaked MI5 memo, in recent days, has outlined the problem of Chinese spying on UK business both through conventional and electronic means.  Again China is the bad guy, this time using the internet for industrial espionage rather than waging war on its own citizens.

    The services and components of the global surveilled communications infrastructure,  apparently used by China for such nefarious activities, are supplied by global corporations like Vodaphone, Ericsson, Yahoo!, Microsoft, Apple, Cisco, Intel, Nokia, Siemens and yes, Google; as well as dynamic home grown manufacturing industry within China and other cheap manufacturing bases like India.  These companies variously do business in the EU, the Americas, Eastern Europe, Middle East and Asia because such business provides a return for their shareholders.  To the degree that such business facilitates economic development in countries like China, and the consequent improvement of overall living standards, that’s generally a good thing.  To the extent that it facilitates the suppression of basic civil rights, such companies need to be more active in engaging with the Chinese authorities in ways that can influence them to respect such rights more widely and more wisely.

    Time will tell what effect the current Google exchanges with the emerging economic superpower will have.  As to whether it is enlightening to view the Web in the context of China through the model of a digital arms race between the individual and the state, I’ll leave you the reader to decide. 

    But the final word goes to James Fallows, who has regularly and eloquently argued that China’s relations with the West are more complex and potentially beneficial for both sides, that “China is a still-poor, highly-diverse and individualistic country whose development need not "threaten" anyone else and should be encouraged” but also warns:

    “In a strange and striking way there is an inversion of recent Chinese and U.S. roles. In the switch from George W. Bush to Barack Obama, the U.S. went from a president much of the world saw as deliberately antagonizing them to a president whose Nobel Prize reflected (perhaps desperate) gratitude at his efforts at conciliation. China, by contrast, seems to be entering its Bush-Cheney era. For Chinese readers, let me emphasize again my argument that China is not a "threat" and that its development is good news for mankind. But its government is on a path at the moment that courts resistance around the world. To me, that is what Google's decision signifies.”
     
    * For a really interesting perspective on phone tapping in historical context is it worth having a look at this Pathé News clip from 1957, http://www.britishpathe.com/record.php?id=33047 , on the widespread shock over the illegal wiretapping of a phone conversation between a UK barrister Patrick Marriman and his client, a known and self confessed criminal, Billy Hill.Thanks to Richard Lamont via the ukcrypto list for the pointer to that little gem.

    ** See Chris Marsden’s new book 'Net neutrality: towards a co-regulatory solution' just published by Bloomsbury for a comprehensive treatment of the subject. It's available for free download under a creative commons licence at http://www.bloomsburyacademic.com/pdf%20files/NetNeutrality.pdf

    Further Reading

    Battelle, John (2005) The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture. Nicholas Brealey Publishing. Boston, London.

    Vise, David A. (2005) The Google Story: Inside the Hottest Business, Media and Technology Success of Our Time. Macmillan. New York.

    Jacques, Martin (2009) When China Rules the World: The Rise of the Middle Kingdom and the End of the Western World. Allen Lane. New York, London, Toronto, Dublin, Victoria, New Delhi, Rosebank

    Keay, John (2008) China: A History. HarperPress. London

    Report of the Committee of Privy Councillors appointed to inquire into the interception of communications. Presented to Parliament by the Prime Minister by Command of Her Majesty October 1957. http://www.fipr.org/rip/Birkett.htm

    Solove, Daniel J. (2004) The Digital Person: technology and privacy in the information age. New York University Press.  New York, London.

    O’Harrow, Robert Jr. (2005) No Place to Hide. Free Press. New York

    Garton Ash, Timothy (1997) The File: A Personal History. Harper Collins.  London.

    Radden Keefe, Patrick (2005) Chatter: Dispatches from the Secret World of Global Eavesdropping. Random House. New York

    Diffie, Whitfield and Landau, Susan (2007) Privacy On The Line: The Politics of Wiretapping and Encryption.  MIT Press. Cambridge, London.

    Web, Maureen (2007) Illusions of Security: Global Surveillance and Democracy in a Post-9/11 World.  City Lights Books. New York.

    Schneier, Bruce (2008) Schneier on Security. Wiley Publishing Inc. Indianapolis.

    Anderson, Ross (2008) Security Engineering: A Guide to Building Dependable Distributed Systems, 2nd Edition. Wiley Publishing Inc. Indianapolis.

    Lessig, Lawrence (1999) Code and other laws of cyberspace. Basic Books. New York.

    Privacy International Leading Surveillance Societies in the World Map 2007 http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-559597

    Open Net Initiative http://opennet.net/

    Benjamin Edelman's publications on internet filtering. (You need to scroll down to near the end of the page).


    Update: An edited version of this post is now available on the open2.net Virtual Revolution blog and  if you have a really strong stomach you can watch my video contributions here and here.

    Bookmark and Share