Monday, December 04, 2006
Letter asking WHO review of the Essential Drugs List (EDL)
"Drug industry representatives have used the WHO EDL to argue that rigid intellectual property protections are not a barrier to essential medicines, because “no” patented medicines are “essential” according to the WHO.[2] Of course this is a distortion; many patented medicines currently not on the EDL would be included were they available at generic prices – for instance the most recent list includes no patented anti-cancer drugs, and the core list includes no anti-cancer drugs whatsoever. The existence of a WHO “Essential Medicines List” which clearly does not contain many truly essential medicines may be confusing for public health officials and others and provide rhetorical fodder to those who oppose intellectual property flexibilities for health...
Patented medicines currently available only at prohibitive prices may nonetheless offer the “potential for cost-effective treatment” as countries have the opportunity to legally produce or import generic versions. More critical to the evaluation of cost effectiveness under the emerging system is the true marginal cost of production, which bears little or no relationship to the market price in developed countries.
We believe that it is more appropriate that the Essential Medicines List reflect the opportunity that many countries have to obtain currently patented drugs at generic prices by assessing cost-effectiveness not only on the basis of current market prices, but also on the basis of potential generic prices if countries were to avail themselves of their right to exercise TRIPS flexibilities, including the granting of compulsory licenses. Developing countries in particular might stand to benefit from a model WHO Essential Medicines List that does not exclude essential patented medicines by ignoring the potential that those drugs could be obtained more cheaply. A welcome side-effect of this change would be an “Essential Medicines List" that more fully reflects the range of truly essential medicines, where essential reflects both the need for treatments and the costs of meeting those needs unburdened by patent rents.
We recognize that the current WHO Essential Medicines List (EDL) is designed to avoid high priced (less cost effective) patented medicines, that some national laws that reference the EDL create obligations for public outlays, and that these outlays may not be justified at the higher prices for patented medicines. The WHO could easily address this problem by creating a category within the EDL for medicines that are essential "if available at generic prices," an option that is clearly relevant for many developing countries."
Essential reading.
Poll: Millions may resist ID cards
I'm not sure it will run into the millions but suspect it could be tens or possibly hundreds of thousands. Once the reality of the government's specific ID card system disaster starts to dawn on people the protests may then grow.
I had an interesting chat with someone at the weekend about the children's index. She's a parent of primary school children who had no inkling that the government were developing the children's index database nor that there were so many other children's databases in operation. She had recently received a letter from her children's school, however, noting that what she considered to be significant items of personal information were now going to be collected about her children. She was angry that her family's privacy was being invaded with no justifiable reason and that her permission was not sought for the collection of this data.
She asked me about the databases because I had mentioned recently that I had written a book about civil rights and computers. At the time she had noted politely that that sounded interesting but it was clear that the subject was really too remote and abstract for her to take a real interest. The school's letter, however, suddenly turned it into something of immediate concern. We might find that once the ID card system begins to operate it will provide a similar jolt to many others' sensitivities to how the goverment are building massive new insecure information systems in their name.
Friday, December 01, 2006
Australia's new copyright law
Podcast interview with Ross Anderson
Ross highlights what he considers to be the two main concerns raised in the report. Firstly that by asking social workers to look into the affairs of about a hundred times more children, the overwhelming majority of whom need absolutely no such intervention, the government will take scarce resources away from children at risk, with the result that some of these children at risk will come to harm. Secondly the kind of intervention that is justifiable in cases where children are truly at risk e.g. where parent or guardian suspected of criminal abuse - e.g. removing the child from the family and holding the suspect in custody - is illegal if the intervention is as a result of welfare concerns such as not doing as well as might be expected at school. Child protection justifies overriding privacy and the wishes of a parent suspected of being a serious criminal but this is not the case in child welfare.
He also makes the point that in the case of the databases related to youth justice, the Home Office takes the view that it is immune from data protection and human rights law i.e. if it is using any data for police purposes it can do what it likes regardless of the law. "The government is not obeying the law of the land when it comes to getting consent for data sharing from children and their families."
It's a relatively short interview and worth listening to in full.
Software Freedom Law Center challenge Blackboard Patent
Regular readers will know I believe that the Blackboard patent should never have been granted.
Haloscan censorship
I'm disappointed by Haloscan's lack of acknowledgement and by their filtering processes which, whatever the detailed mechanics might be, are interfering with the legitimate exchange of ideas.
Update: Well I've removed the code the template relating to Haloscan but when trying re-publish the template, Blogger helpfully tells me "there were errors" without specifying what they are and does not update the code. I'm not a code jockey and I accept that I've tweaked the html on this blog so often to make it more readable that it is now a bit cumbersome. I have probably therefore missed a stupid simple error in the changes. I just wanted to get rid of Haloscan and have spent the past hour and a half mucking about with the template, unable to get Blogger to accept the changes. If any readers happen to be html specialists I'd appreciate a pointer to the error(/s) so I can rectify them quickly and consign Haloscan to the past, as far as this blog goes. I can't updgrade to the new Blogger yet either, since my blog is too big.
Further update: I've finally erased Haloscan. Blogger still doesn't like my html but I can live with that.
Thursday, November 30, 2006
Tony Blair is not Hitler: official
"An advert showing a close-up picture of Tony Blair with a barcode on his top lip was not offensive, the Advertising Standards Authority has ruled."
Evoting setbacks in Italy and the US
In the US the National Institute of Standards and Technology (NIST), which is required to assist the Election Assistance Commission with the development of voluntary voting system guidelines, has issued a draft white paper. Amongst other things the white paper concludes that "Software-dependent approaches such as the DRE are not viable for future voting systems." (DREs are 'direct record electronic' machines run by proprietary software). From the body of the report "software independence" is described as follows:
"A voting system is software-independent if a previously undetected change or error in its software cannot cause an undetectable change or error in an election outcome. In other words, it can be positively determined whether the voting system’s (typically, electronic) CVRs are accurate as cast by the voter or in error. In SI voting systems that are readily available today, the determination can be made via the use of independent audits of the electronic counts or CVRs, and independent voter-verified paper records used as the audit trail.
A simple example of this is op scan, in which a voter marks (by hand or using an EBM) the paper ballot. The voter verifies the paper ballot is correct, thus it is voter-verified, and the paper ballot is “outside” or independent of the voting system, i.e., it cannot be changed or modified by the voting system. As a consequence of these two factors, the paper ballot can be considered as independent evidence of what the voter believed he or she was casting. After the paper ballots are scanned, they can subsequently be used to provide an independent audit, or check, on the accuracy of the electronic counts.
If an undetected change or error in the optical scanner’s software were to cause erroneous counts, subsequent audits would show the errors. Even if malicious code was inserted into the scanner’s software, the audits would detect resultant errors in the counts. Therefore, the correctness of the scanner’s counts does not rely on the correctness of the scanner’s software, and thus op scan is software independent: changes or errors in its software will be reliably detected by independent audits of its electronic counts. Thus, the primary ingredients to SI as illustrated in op scan are (1) voter-verified records that are (2) independent of the voting system used in (3) audits of the scanner’s electronic counts."
Well worth a read for evoting geeks.
Monday, November 27, 2006
Italian prosecutors investigate Google over bullying video
"The two are accused of failing to check on the content of the video posted on the Internet search engine's Web site.
The video, which sparked outrage in the country, showed four teenagers beating and poking fun at a 17-year-old disabled boy in a classroom in the northern Italian city of Turin.
Prosecutors have already put the four students and a teacher under investigation. The students have also been suspended until the end of the school year.
A spokeswoman for Google in Europe said the Internet search engine was sorry for the distress caused by the video and had acted swiftly when it was informed of its content."
This is a tough situation. Would the authorities have dealt with the bullying if it had not come to light via Google? Are they dealing with it appropriately even now? How could the situation have been allowed to happen in the first place? Schools are required to have anti-bullying policies but such policies are meaningless if they are left to gather dust on the shelf without meaningful measures tackling real bullying in practice. What about the privacy of the victim, which has been compromised in this case? Michael Geist has been thinking about the challenges ubiquitous video is imposing on society
"While there are some obvious benefits that arise from the transparency and potential accountability that can come from video evidence of controversial events, the emergence of an always-on video society raises some difficult questions about the appropriate privacy-transparency balance, the ethics of posting private moments to a global audience, and the responsibility of websites that facilitate Internet video distribution...
Rather than banning the technology, we must instead begin to grapple with the implications of these changes by considering the boundaries between transparency and privacy. As our expectations of the availability of video changes, so too must our sense of the video rules of the road. "
Time to re-visit David Brin's The Transparent Society.
Universities urged: 'share benefits of health research'
"According to the World Health Organization, about ten million people—most of them in developing countries—die needlessly every year because they do not have access to existing medicines and vaccines. Countless others suffer from neglected tropical diseases, such as sleeping sickness, lymphatic filariasis, and blinding trachoma. Because these neglected diseases predominantly affect the poor, they attract very little research and development funding, which leads directly to a paucity of safe and effective treatment options.
We believe that access to medical care and treatment is a basic human right.1 Lack of access to medical treatment in developing countries stems from several factors, including high prices for medicines, underfunded health care systems, and a global biomedical research agenda poorly matched to the health needs of the world’s destitute sick. Comprehensive solutions are thus needed to increase both access to existing medicines and research on neglected diseases.
We believe that universities have an opportunity and a responsibility to take part in those solutions. University scientists are major contributors in the drug development pipeline. At the same time, universities are dedicated to the creation and dissemination of knowledge in the public interest. Global public health is a vital component of the public interest. Therefore, universities best realize their objectives when they promote innovation and access to health-related technologies.
To this end, we, the signatories of this Statement, urge universities to adopt the following recommendations.
As owners of intellectual property, universities have the ability to promote widespread availability of their technologies in the developing world. When university-owned intellectual property is necessary for the development of a health-related end product—including but not limited to drugs, vaccines, diagnostics, monitoring tools, know-how and technical expertise—universities should:
PROMOTE EQUAL ACCESS TO UNIVERSITY RESEARCH
1. Require the inclusion of licensing terms in exclusive technology transfer agreements that ensure low-cost access to health-related innovations in the developing world...
2. Develop a transparent, case-by-case global access strategy to ensure access to health-related technologies where licensing provisions like the EAL will not serve the access objectives defined above...
PROMOTE RESEARCH AND DEVELOPMENT FOR NEGLECTED DISEASES
1. Adopt policies promoting in-house ND research...
2. Engage with nontraditional partners to create new opportunities for ND drug development...
3. Carve out an ND research exemption for any patents held or licenses executed...
Given their avowed commitment to the public good, universities should measure success in technology transfer by impact on global human welfare rather than simply by financial return. The positive social impact from university innovations—particularly in poor countries—would go largely unnoticed if technology transfer were to be measured in dollars alone. In order to develop transparent criteria measuring access to health technologies and innovation in neglected-disease research, universities should:
MEASURE RESEARCH SUCCESS ACCORDING TO IMPACT ON HUMAN WELFARE
1. Collect and make public statistics on university intellectual property practices related to global health access...
2. Collaborate with other universities and consortia to develop more robust technology transfer metrics that better gauge access to public health goods and innovation in neglected-disease research."
Thanks to Thiru Balasubramaniam of the Consumer Project on Technology, via the A2K list, for the pointer.
We need leaders to adhere to the rule of law
"In my view, no more important speech has been given in this country this year, for Bingham warns that some of the most sensitive decisions made by government are currently incompatible with his definition of the rule of law...
the law must be accessible and intelligible; disputes must be resolved by application of the law rather than exercise of discretion; the law must apply equally to all; it must protect fundamental human rights; disputes should be resolved without prohibitive cost or inordinate delay; public officials must use power reasonably and not exceed their powers; the system for resolving differences must be fair. Finally, a state must comply with its international law obligations. Now start to tease out what these implications might mean in practice. This is where Bingham's legal principles suddenly lock gears with the real world.
If the law is to be accessible and intelligible, for example, then there must be an end both to judicial prolixity and to what Bingham calls "the legislative hyperactivity which appears to have become a permanent feature of our governance - in 2004, some 3,500 pages of primary legislation; in 2003, nearly 9,000 pages of statutory instruments." This applies particularly in the "torrent of criminal legislation", not all of which is "readily intelligible". To uphold the rule of law, in other words, lawmakers will have to do less of it and be clearer...
No government is perfect. But when the most revered of these guardians suggests that critical decisions by ministers have fallen short of the rule of law on a range of counts, then it follows that Britain needs a better form of government, whose members can succeed where the current ones have failed and who better understand the real meaning of the principles they claim to support."
Update: John points out that an audio recording of Lord Binghamm's speech is also available here.
Sunday, November 26, 2006
Government attempt to smear FIPR report
"Sir – Beverley Hughes, the Minister for Children (Letters, November 24), does a disservice to families by an evasive response to our report to the Information Commissioner on the range of databases being set up to monitor children.
She makes a vague claim that the report contains factual inaccuracies, but she does not mention that the chapters on the different databases were sent to her department for checking before publication.
She also suggests that it is not based on evidence, when there is extensive evidence in the report drawn from government publications and interviews with senior officials and practitioners.
The Minister's response misleads by referring only to the Information Sharing Index. This is just the hub of several more detailed databases that will contain highly personal and often subjective information on children and their parents. Moreover, the index will reveal which children are known to other databases and hence provide sensitive information (such as attendance at a special school) to any viewer.
The Information Commissioner has called for a debate on the challenges this policy is posing to traditional family life. The Minister for Children should not duck this challenge. Trying to smear us is not an adequate response.
Dr Eileen Munro, London School of Economics
Professor Ross Anderson, Cambridge University
Dr Ian Brown, University College London
Dr Richard Clayton, Cambridge University
Terri Dowty, Action on Rights for Children
Professor Douwe Korff, London Metropolitan University"
Ms Hughes, by the way, was the Immigration Minister forced to resign in 2004 for making misleading statements about suspected visa fraud. According to the BBC at the time,
"The Tories had accused the Home Office of approving visa claims from eastern Europe despite warnings they were backed by forged documents.
Ms Hughes had dismissed calls to quit, saying she had not known of the claims.
But No 10 said it was now clear she was warned about it a year ago, by Labour deputy chief whip Bob Ainsworth."
Friday, November 24, 2006
Retired Brigadier arrested for bringing tiny toolkit on train
"After nearly four hours of processing and questioning I cheerfully admitted the “offence” in order to terminate this tedious ordeal, get back to Waterloo and resume my journey to Paris. Having signed the necessary forms, I was released on caution."
Now that he has such a caution for attempting to smuggle an "offensive weapon" contrary to "Section 1 of PCA 1953", he might well find himself flagged for more detailed security checks on his future travels.
South Korea and Ireland
"South Korea made the decision ten years ago to invest in high-speed (competitive) internet access and subsidize cheap PCs -- as a result, they have just about the highest broadband penetration in the world. Not only has the dream come true, but economic growth comes attached.
Meanwhile, someone sent me a Wall Street Journal Europe article about VCs carving up an Irish telephone company to treat transport like a utility. The big guys can watch the model and then think about selling their own networks to raise some cash."
Is Blair exaggerating the threat of terrorism?
"The west is ruled by a generation of leaders with no experience of war or its threat. Blair and his team cannot recall the aftermath of the second world war, and in the cold war they rushed to join CND. They were distant from those real global horrors. Yet now in power they seem to crave an enemy of equivalent monstrosity. Modern government has a big hole in its ego, yearning to be filled by something called a "threat to security".
After 1990 many hoped that an age of stable peace might dawn. Rich nations might disarm and combine to help the poor, advancing the cause of global responsibility. Instead two of history's most internationalist states, America and Britain, have returned to the trough of conflict, chasing a chimera of "world terrorism", and at ludicrous expense. They have brought death and destruction to a part of the globe that posed no strategic threat. Now one of them, Tony Blair, stands in a patch of desert to claim that "world security in the 21st century" depends on which warlord controls it. Was anything so demented?"
Dear Father Christmas...
"It's an MP3 player. It's an FM radio. It's video and photo display device. It's an e-book reader. It's a sound recorder. It's a Linux-based personal computer ready for web, email and office usage. Yes, it's Wizpy, the Swiss Army Knife of handheld gadgets announced by Japan's Turbolinux this week."
Sadly they won't be available in my part of the world until February 2007.
Ndiyo: Sharing PCs to bridge the digital divide
Former UK Diplomat Critical of UK foreign policy
"In "Active Diplomacy" and in general, the FCO and government proclaim their knowledge of the world and ability to deal with its challenges: here is the world, they say, and here is how we intend to deal with it. It is an illusion comforting to those in government and the public alike. The evidence however suggests that parliament - and indeed the public - is unwise to accord them this responsibility unquestioned. The last few years have been disastrous for British foreign policy, and no one is held to account[3]. The edifice of human rights law and norms, which took half a century of careful work to construct, has been undermined by those who claim to defend it...
14. We are so inured to the rhetoric of anti-terrorism and macho posturing about building democracy while fostering chaos, that it is hard to imagine an alternate direction for British foreign policy. But it is available, as it always was. This alternative lies in consistency of application of international law and a robust defence (including intervention when necessary, as in Kosovo and Sierra Leone) of those under assault or oppression. It lies in remedy to the "diplomatic deficit" whereby those affected by our - and others' - foreign policy have no capacity to influence it while those in whose name policy is carried out - us, the public - also have scant means to affect it. Together, such changes will produce a more just and therefore more stable world...
...the world needs an international system that gives a legitimate voice to all those affected by others' foreign policy... The Prime Minister himself has claimed that Britain stands by the oppressed, wherever they are. It is not too late for the policy reality to match that rhetoric, but it does require change, perhaps even a revolution."
Inspired compromise?
"The European parliament and council of ministers have finally agreed a compromise wording to the Inspire directive designed to harmonise spatial information around Europe. The directive had become a cause celebre in the movement to make public sector data freely available. Broadly, the European parliament backed our position, while the council of ministers was opposed."