Tuesday, December 19, 2006
> 1Million innocents on DNA database
Spyblog draws attention to the Sunday Times story, "Reid ‘buries’ news that police hold DNA of 1m innocent people" that more than a million "individuals whose details are kept on the database do not have a criminal record or a police caution."
Monday, December 18, 2006
The big opt out
I recently wrote to my GP asking that he not upload my family's medical records to the NHS central database or "spine" as he will be instructed by the government to do so early in the New Year.
Basically the system is very insecure and arguably in breach of data protection and other human rights laws, as beautifully articulated by Ross Anderson in a BBC radio 4 interview this morning. (You need RealPlayer to listen to it).
Ross and others are also leading a campaign to make people aware of the the situation.
Basically the system is very insecure and arguably in breach of data protection and other human rights laws, as beautifully articulated by Ross Anderson in a BBC radio 4 interview this morning. (You need RealPlayer to listen to it).
Ross and others are also leading a campaign to make people aware of the the situation.
Feynman on Schooling
Home educating blogger Carlotta has been reading Richard Feynman's views of formal schooling.
"I sometimes feel that it would be much better not to educate our children in such subjects as mathematics and science. If we left youngsters alone, there would be a better chance that, by accident, the kids would find a good book - or an old textbook - or a television program that would excite them. But when youngsters go to school, they learn that these subjects are dull, horrible and impossible to understand. When I went to school, I didn't learn that math and science were dull because I knew before I got there that they were interesting. All I saw was that they were dull in school. But I knew better".
"I sometimes feel that it would be much better not to educate our children in such subjects as mathematics and science. If we left youngsters alone, there would be a better chance that, by accident, the kids would find a good book - or an old textbook - or a television program that would excite them. But when youngsters go to school, they learn that these subjects are dull, horrible and impossible to understand. When I went to school, I didn't learn that math and science were dull because I knew before I got there that they were interesting. All I saw was that they were dull in school. But I knew better".
Friday, December 15, 2006
Effective Counterterrorism and the Limited Role of Predictive Data Mining
Schneier also points to a terrific report by Jeff Jonas and Jim Harper at the Cato Institute pointing out that data mining is not the holy grail solution to countering terrorism that it is widely sold as. The executive summary:
"The terrorist attacks on September 11, 2001,
spurred extraordinary efforts intended to protect
America from the newly highlighted scourge of
international terrorism. Among the efforts was the
consideration and possible use of “data mining” as
a way to discover planning and preparation for terrorism.
Data mining is the process of searching
data for previously unknown patterns and using
those patterns to predict future outcomes.
Information about key members of the 9/11
plot was available to the U.S. government prior
to the attacks, and the 9/11 terrorists were closely
connected to one another in a multitude of
ways. The National Commission on Terrorist
Attacks upon the United States concluded that,
by pursuing the leads available to it at the time,
the government might have derailed the plan.
Though data mining has many valuable uses,
it is not well suited to the terrorist discovery
problem. It would be unfortunate if data mining
for terrorism discovery had currency within
national security, law enforcement, and technology
circles because pursuing this use of data
mining would waste taxpayer dollars, needlessly
infringe on privacy and civil liberties, and misdirect
the valuable time and energy of the men and
women in the national security community.
What the 9/11 story most clearly calls for is a
sharper focus on the part of our national security
agencies—their focus had undoubtedly sharpened
by the end of the day on September 11,
2001—along with the ability to efficiently locate,
access, and aggregate information about specific
suspects."
"The terrorist attacks on September 11, 2001,
spurred extraordinary efforts intended to protect
America from the newly highlighted scourge of
international terrorism. Among the efforts was the
consideration and possible use of “data mining” as
a way to discover planning and preparation for terrorism.
Data mining is the process of searching
data for previously unknown patterns and using
those patterns to predict future outcomes.
Information about key members of the 9/11
plot was available to the U.S. government prior
to the attacks, and the 9/11 terrorists were closely
connected to one another in a multitude of
ways. The National Commission on Terrorist
Attacks upon the United States concluded that,
by pursuing the leads available to it at the time,
the government might have derailed the plan.
Though data mining has many valuable uses,
it is not well suited to the terrorist discovery
problem. It would be unfortunate if data mining
for terrorism discovery had currency within
national security, law enforcement, and technology
circles because pursuing this use of data
mining would waste taxpayer dollars, needlessly
infringe on privacy and civil liberties, and misdirect
the valuable time and energy of the men and
women in the national security community.
What the 9/11 story most clearly calls for is a
sharper focus on the part of our national security
agencies—their focus had undoubtedly sharpened
by the end of the day on September 11,
2001—along with the ability to efficiently locate,
access, and aggregate information about specific
suspects."
TSA tip off airport screeners
It seems that TSA employees have been tipping off a private security firm that handles security at San Francico airport about visits of undercover agents sent to check the security.
"For 16 months ending last year, Transportation Security Administration employees tipped off screeners from Covenant Aviation Security that undercover agents were on their way to the airport's checkpoints to test whether the screeners were properly inspecting passengers and their carry-on luggage, the report said.
Despite the charges, the private security firm was rehired two weeks ago with a $314 million, four-year contract at the airport to screen passengers and checked bags."
Thanks to Bruce Schneier for the link.
"For 16 months ending last year, Transportation Security Administration employees tipped off screeners from Covenant Aviation Security that undercover agents were on their way to the airport's checkpoints to test whether the screeners were properly inspecting passengers and their carry-on luggage, the report said.
Despite the charges, the private security firm was rehired two weeks ago with a $314 million, four-year contract at the airport to screen passengers and checked bags."
Thanks to Bruce Schneier for the link.
Greek privacy watchdog fines Vodafone over wiretapping scandal
From AP via Findlaw:
"A Greek privacy watchdog on Thursday fined cell phone operator Vodafone รข‚¬76 million ($100 million) over a wiretapping scandal that involved the illegal monitoring of Prime Minister Costas Karamanlis."
Vodaphone are going to send the lawyers in to challenge the decision.
"A Greek privacy watchdog on Thursday fined cell phone operator Vodafone รข‚¬76 million ($100 million) over a wiretapping scandal that involved the illegal monitoring of Prime Minister Costas Karamanlis."
Vodaphone are going to send the lawyers in to challenge the decision.
A system and method of providing personalized information
Google's new patent database search engine has led me to some more education system patents, which it is hard to believe that someone who actually knew something about computers in education would ever have granted. This System and method for network-based personalized education environment is a case in point. Here's the abstract:
"A system and method of providing personalized information to an individual over a network includes accessing a competency profile of the individual, such profile accessible to a server on a network and comparing the individual's competency profile with an education template and behavioral scenario accessible to the server. The template defines a current desired standard for the individual's competencies, in order to identify target training or learning areas. Information content relevant to the individual's target training or learning areas is provided over the network via user-selectable items of information content that may collectively have a plurality of information product types."
In other words a system to allow someone to tick some boxes on an electronic form so that the system can check through a list of provider courses and suggest a suitable one for that individual. Honestly! For 36 years people have been contacting the Open University to find out if we might have a course or degree programme that would suit them and then signing up for appropriate courses. Is anyone seriously expecting me to believe that now we carry out this process over the Net as well as face to face and via telephone that we might be infringing this ridiculous patent?
"A system and method of providing personalized information to an individual over a network includes accessing a competency profile of the individual, such profile accessible to a server on a network and comparing the individual's competency profile with an education template and behavioral scenario accessible to the server. The template defines a current desired standard for the individual's competencies, in order to identify target training or learning areas. Information content relevant to the individual's target training or learning areas is provided over the network via user-selectable items of information content that may collectively have a plurality of information product types."
In other words a system to allow someone to tick some boxes on an electronic form so that the system can check through a list of provider courses and suggest a suitable one for that individual. Honestly! For 36 years people have been contacting the Open University to find out if we might have a course or degree programme that would suit them and then signing up for appropriate courses. Is anyone seriously expecting me to believe that now we carry out this process over the Net as well as face to face and via telephone that we might be infringing this ridiculous patent?
IBM and universities open up software research
From the IHT: IBM and U.S. universities work to open up software research
"The initiative, which IBM was expected to announce Thursday, is a break with the usual pattern of corporate- sponsored research at universities that typically involves lengthy negotiations over intellectual property rights.
The projects are also evidence that U.S. companies and universities are searching for ways to work together more easily, less hampered by legal wrangling about who holds the patents to research...
The current problem, research experts say, is that well-intentioned policies meant to encourage universities to make their research available for commercial uses have gone too far. The shift began with the Bayh-Dole Act of 1980, which allowed universities to hold the patents on federally funded research and to license that intellectual property. Since then, universities have often viewed themselves as idea factories and, like many corporations, have sought to cash in on their intellectual property.
But there is a sense at both universities and corporations that the pendulum has swung too far, and that adopting less restrictive intellectual property policies could benefit both sides."
"The initiative, which IBM was expected to announce Thursday, is a break with the usual pattern of corporate- sponsored research at universities that typically involves lengthy negotiations over intellectual property rights.
The projects are also evidence that U.S. companies and universities are searching for ways to work together more easily, less hampered by legal wrangling about who holds the patents to research...
The current problem, research experts say, is that well-intentioned policies meant to encourage universities to make their research available for commercial uses have gone too far. The shift began with the Bayh-Dole Act of 1980, which allowed universities to hold the patents on federally funded research and to license that intellectual property. Since then, universities have often viewed themselves as idea factories and, like many corporations, have sought to cash in on their intellectual property.
But there is a sense at both universities and corporations that the pendulum has swung too far, and that adopting less restrictive intellectual property policies could benefit both sides."
Thursday, December 14, 2006
Blackjack v BlackBerry?
Having been on the wrong end of a more than half a billion dollar settlement in the patent dispute with NTP, RIM have decided to get active with their own IP lawyers in the trademark arena and have reportedly sued Samsung for "false designation of origin, unfair competition and trademark dilution." They believe that Samsung's "BlackJack" phone is too similar to the BlackBerry and the name might confuse some people. That will be a fun case to watch. Whilst I had a lot of sympathy with their plight in the NTP dispute - after all NTP were just a patent holding company and didn't make or deliver any products or services - I can't see that sympathy extending to a case of attempting to gain proprietary control of the word "black". Remember though that various courts found the NTP patent, which could have led to the shutting down of BlackBerry services in the US, to be valid. So the law was on NTP's side in that case. RIM in this case have to do more than prove that the law might be on their side.
I recognise that the case will be a bit more complicated than this initial report would make it appear and the detailed facts will, no doubt, be interesting. In the end though this comes down to controlling or owning the word "black" in a particular context and the onus is on RIM from my perspective to fully justify their stance.
I recognise that the case will be a bit more complicated than this initial report would make it appear and the detailed facts will, no doubt, be interesting. In the end though this comes down to controlling or owning the word "black" in a particular context and the onus is on RIM from my perspective to fully justify their stance.
Tuesday, December 12, 2006
The flaw in the government's child mass surveillance project
From icAyrshire:
"A court in Fife has heard that a Home Office expert who helped set up a national database for violent and sexual offenders sent child pornography to another man."
The next time a government minister trots out the usual platitudes about their child 'protection' mass surveillance programme they should be reminded of this case and some basic principles of security. It is not the vast majority of honest people you need to be concerned with but the attackers (insiders like this man or outsiders) who want to compromise your system and the people it holds personal details on. You also have to remember that with information systems it is possible to have scalability, functionality or security and sometimes even two of these simultaneously but not all three.
Thanks to Glyn via the ORG list for the link.
"A court in Fife has heard that a Home Office expert who helped set up a national database for violent and sexual offenders sent child pornography to another man."
The next time a government minister trots out the usual platitudes about their child 'protection' mass surveillance programme they should be reminded of this case and some basic principles of security. It is not the vast majority of honest people you need to be concerned with but the attackers (insiders like this man or outsiders) who want to compromise your system and the people it holds personal details on. You also have to remember that with information systems it is possible to have scalability, functionality or security and sometimes even two of these simultaneously but not all three.
Thanks to Glyn via the ORG list for the link.
Friday, December 08, 2006
Judges perplexed
Check out para. 14 of this judgement by Lord Justice Rose and Mr Justice Crane and Mr Justice Openshaw:
"So, yet again, the courts are faced with a sample of the deeply confusing provisions of the Criminal Justice Act 2003, and the satellite Statutory Instruments to which it is giving stuttering birth. The most inviting course for this Court to follow, would be for its members, having shaken their heads in despair to hold up their hands and say: "the Holly Grail of rational interpretation is impossible to find". But it is not for us to desert our judicial duty, however lamentably others have legislated. But, we find little comfort or assistance in the historic canons of construction for determining the will of Parliament which were fashioned in a more leisurely age and at a time when elegance and clarity of thought and language were to be found in legislation as a matter of course rather than exception."
Wonderful. It should be enlarged, framed and stuck on the office wall of every minister whose reaction to the latest headlines is another legislative "solution."
Thanks to ARCH for the link.
"So, yet again, the courts are faced with a sample of the deeply confusing provisions of the Criminal Justice Act 2003, and the satellite Statutory Instruments to which it is giving stuttering birth. The most inviting course for this Court to follow, would be for its members, having shaken their heads in despair to hold up their hands and say: "the Holly Grail of rational interpretation is impossible to find". But it is not for us to desert our judicial duty, however lamentably others have legislated. But, we find little comfort or assistance in the historic canons of construction for determining the will of Parliament which were fashioned in a more leisurely age and at a time when elegance and clarity of thought and language were to be found in legislation as a matter of course rather than exception."
Wonderful. It should be enlarged, framed and stuck on the office wall of every minister whose reaction to the latest headlines is another legislative "solution."
Thanks to ARCH for the link.
TRIPS and the International Public Health Controversies
A special issue of the journal "Industrial and Corporate Change", Information, Appropriability and the Generation of Innovative Knowledge: December 2006; Vol. 15, No. 6 has been made available. I recommended two articles in particular: Hal Varian's Copyright term extension and orphan works, Information and intellectual property: the global challenges by Rishab Ghosh and Luc Soete and TRIPS and the international public health controversies: issues and challenges by Benjamin Coriat, Fabienne Orsi and Cristina d’Almeida.
Italian election vote recount scheduled
From today's Independent: "Eight months on, Italy recounts its votes"
Apparently there has been some emerging evidence that Silvio Berlusconi may have tried to rig the last election, so the Italian Senate's election committee have agreed that a large sample of blank and spoiled ballots should be recounted in the new year. With typical chutzpah Berlusconi has hailed the decision as a victory for himself. Even though Romano Prodi's group stand to gain from the recount, if the evidence that has so far come to light against Mr Berlusconi is confirmed, they're not interested in pursuing the investigation.
Update: Ian Brown via the org list points me to Scott Adams on evoting yesterday. Funny.
Apparently there has been some emerging evidence that Silvio Berlusconi may have tried to rig the last election, so the Italian Senate's election committee have agreed that a large sample of blank and spoiled ballots should be recounted in the new year. With typical chutzpah Berlusconi has hailed the decision as a victory for himself. Even though Romano Prodi's group stand to gain from the recount, if the evidence that has so far come to light against Mr Berlusconi is confirmed, they're not interested in pursuing the investigation.
Update: Ian Brown via the org list points me to Scott Adams on evoting yesterday. Funny.
Thursday, December 07, 2006
EU ID card on the way
Statewatch reports that the EU's Council of Ministers of the interior were proposing to adopt a resolution to introduce an EU biometric ID card, without debate. Their meetings were due to take place earlier this week (Monday and Tuesday) but I have not seen any indication of what was actually decided.
Gowers: It's a Wonderful Life
One of the nicest examples used by Andrew Gowers in his report is to be found on page 70, para 4.95:
"Many works that lie unused could create value. For example, the film It’s a Wonderful Life lost money in its first run and was ignored by its original copyright owners. When the owners failed to renew their copyright in 1970, it was broadcast on the Public Broadcasting Service channel in the USA. It is now a family classic, and worth millions in prime time advertising revenue. The book The Secret Garden, since copyright has expired, has been made into a movie, a musical, a cookbook, a CD-ROM version, and two sequels. For works still in copyright, if users are unable to locate and seek permission from owners, this value cannot be generated. For example, documentary makers often find it impossible to track down the rights owners of old pieces of film, many of which have multiple owners, all of whom are untraceable, and are not able to use older works to create new value."
"Many works that lie unused could create value. For example, the film It’s a Wonderful Life lost money in its first run and was ignored by its original copyright owners. When the owners failed to renew their copyright in 1970, it was broadcast on the Public Broadcasting Service channel in the USA. It is now a family classic, and worth millions in prime time advertising revenue. The book The Secret Garden, since copyright has expired, has been made into a movie, a musical, a cookbook, a CD-ROM version, and two sequels. For works still in copyright, if users are unable to locate and seek permission from owners, this value cannot be generated. For example, documentary makers often find it impossible to track down the rights owners of old pieces of film, many of which have multiple owners, all of whom are untraceable, and are not able to use older works to create new value."
Gowers Review of Intellectual Property
The final report of the Gowers Review of Intellectual Property was published yesterday. It is a remarkably sound and rational analysis of the IP landscape which I hope the government pay attention to when dealing with hysterical demands from the music industry for copyright term extension. As James Boyle so rightly said recently, the whole idea of retrospective copyright term extension is very stupid:
"But if this is the stupid idea we wish to pursue, then simply increase the income tax proportionately and distribute the benefits to those record companies and musicians whose music is still commercially available after 50 years. Require them to put the money into developing new artists – something the current proposal does not. Let all the other recordings pass into the public domain.
Of course, no government commission would consider such an idea for a moment. Tax the public to give a monopoly windfall to those who already hit the jackpot, because they claim their industry cannot survive without retrospectively changing the terms of its deals? It is laughable."
From the Gowers review press release:
"The Report argues that in the modern world, the UK's economic competitiveness is increasingly driven by knowledge-based industries, innovation and creativity. Intellectual Property (IP) - protecting and promoting innovation - has never been more important.
Update: Some of the signatures on the music industry FT advertisement are those of dead artists. So it seems that dead people are keen on copyright extension, which means the rational argument suggesting dead people cannot be encouraged to produce new creative works is now also dead?
"But if this is the stupid idea we wish to pursue, then simply increase the income tax proportionately and distribute the benefits to those record companies and musicians whose music is still commercially available after 50 years. Require them to put the money into developing new artists – something the current proposal does not. Let all the other recordings pass into the public domain.
Of course, no government commission would consider such an idea for a moment. Tax the public to give a monopoly windfall to those who already hit the jackpot, because they claim their industry cannot survive without retrospectively changing the terms of its deals? It is laughable."
From the Gowers review press release:
"The Report argues that in the modern world, the UK's economic competitiveness is increasingly driven by knowledge-based industries, innovation and creativity. Intellectual Property (IP) - protecting and promoting innovation - has never been more important.
Whilst the Review concludes that the UK has a fundamentally strong IP system, it sets out important targeted reforms. The reforms aim to:
- strengthen enforcement of IP rights to protect the UK's creative industries from piracy and counterfeiting;
- provide additional support for British businesses using IP in the UK and abroad; and
- strike the right balance to encourage firms and individuals to innovate and invest in new ideas while ensuring that markets remain competitive and that future innovation is not impeded.
Andrew Gowers said:
"In today's global economy, knowledge capital, more than physical capital, will drive the success of the UK economy. Against this backdrop, IP rights, which protect the value of creative ideas, are more vital than ever.
"The ideal IP system creates incentives for innovation, without unduly limiting access for consumers and follow-on innovators. It must strike the right balance in a rapidly changing world so that innovators can see further by standing on the shoulders of giants. And it must take tough action against those who infringe IP rights at a cost to the UK's most creative industries.
"The Review provides sound recommendations on how the IP regime should respond to the challenges that it faces. Getting the balance right is vital to driving innovation, securing investment and stimulating competition."
The Review identified a number of areas where reform is necessary to improve the system for all its users.
With the music industry losing as much as 20 per cent of annual turnover to piracy and counterfeiting, the Review recommends strengthening enforcement of IP rights through:
- new powers and duties for Trading Standards to take action against infringement of copyright law;
- IP crime recognised as an area for police action in the National Community Safety Plan;
- tougher penalties for online copyright infringement - with a maximum 10 years imprisonment;
- lowering the costs of litigation - by using mediation and consulting on the fast-track limit. The Review acknowledges that prohibitive legal costs affect the ability of many to defend and challenge IP; and
- consulting on the use of civil damages and ensuring an effective and dissuasive system of damages exists for civil IP infringement.
To provide support for businesses using the IP system the review recommends that:
- UK Patent Office be restructured as the UK Intellectual Property Office, with recommendations for it to provide greater support and advice for businesses using IP domestically;
- Business representatives sit on a new independent Strategic Advisory Board on IP Policy, advising the Government; and
- Government improve support and advice internationally - including in India and China - to enable UK businesses to protect their investment around the world.
To ensure the correct balance in IP rights the review recommends:
- ensuring the IP system only proscribes genuinely illegitimate activity. The Review recommends introducing a strictly limited 'private copying' exception to enable consumers to format-shift content they purchase for personal use. For example to legally transfer music from CD to their MP3 player;
- enabling access to content for libraries and education establishments - to ensure that the UK's cultural heritage can be adequately stored for preservation and accessed for learning. The Review recommends clarifying exceptions to copyright to make them fit for the digital age; and
- recommending that the European Commission does not change the status quo and retains the 50 year term of copyright protection for sound recordings and related performers' rights."
Update: Some of the signatures on the music industry FT advertisement are those of dead artists. So it seems that dead people are keen on copyright extension, which means the rational argument suggesting dead people cannot be encouraged to produce new creative works is now also dead?
Books - Forbes
Forbes Magazine had a special report on books recently and I particularly recommend the articles by Cory Doctorow and David Serchuk on making books available for free download and senseless book burning respectively.
Monday, December 04, 2006
EX NSA Chief lambasts war on terror
Retired general and former head of the NSA when Ronald Reagan was president has been criticising the current administration's war and terror and what he sees as their infringement of civil liberties, on the "Metro Spirit National Security Blog"
"Metro Spirit: What are your feelings on the NSA’s program of warrantless wiretapping of American citizens?
William Odom: It didn’t happen under my watch. And I’m still puzzled why somebody hasn’t tried to impeach the president for doing it. Any conservative in the United States who values his life [ought to be outraged]. In fact, the South seceded in defense of minority rights — why the hell have they forgotten them now? Ben Franklin said, “somebody who values security over liberty deserves neither.”
MS: What do you say to people, and there are plenty here in Augusta, who say that cutting and running from Iraq is traitorous act?
WO: Well, just tell ‘em they’re full of shit. They're traitors. You know what lemmings are? Yeah, they’re lemmings. We went to war for our enemies’ best interests. You ask those people why it makes sense that we went to war to advance the interests of Iran and Al Qaeda."
"Metro Spirit: What are your feelings on the NSA’s program of warrantless wiretapping of American citizens?
William Odom: It didn’t happen under my watch. And I’m still puzzled why somebody hasn’t tried to impeach the president for doing it. Any conservative in the United States who values his life [ought to be outraged]. In fact, the South seceded in defense of minority rights — why the hell have they forgotten them now? Ben Franklin said, “somebody who values security over liberty deserves neither.”
MS: What do you say to people, and there are plenty here in Augusta, who say that cutting and running from Iraq is traitorous act?
WO: Well, just tell ‘em they’re full of shit. They're traitors. You know what lemmings are? Yeah, they’re lemmings. We went to war for our enemies’ best interests. You ask those people why it makes sense that we went to war to advance the interests of Iran and Al Qaeda."
Letter asking WHO review of the Essential Drugs List (EDL)
Jamie Love has written to the World Health Organisation asking them to review the asking the Essential Drugs List (EDL). OF the 312 medicines on the list, only 14 are protected by patents which would suggest that patents are not blocking access to essential medicines in developing countries. The trouble is that cost is one of the key factors in determining whether a particular drug is "essential." So large numbers of patented drugs don't make the list because they are too expensive. There is a good reason for including cost as a factor because the list is designed to avoid high priced (less cost effective) patented medicines. But an unintended side affect of this is that even drugs which developing countries would have a right to make cheaper generic versions of under compulsory licence, are not making the list because the cost of the patented rather than the generic version is what it taken into consideration in deciding whether it should be on the list. Love says:
"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.
"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
This morning's Telegraph has a big story on a YouGov poll which suggests that millions may resist the government's ID cards scheme.
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.
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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.
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