January 2009

Yesterday, the Senate unanimously approved legislation to delay the transition to digital TV to June 13. The House is expected to follow suit as soon as this afternoon.

Under current law, television stations would cease broadcasting analog signals on February 18, potentially inconveniencing dozens of Americans who rely on over-the-air signals and have yet to purchase a subsidized converter box. “They’ve had several years to do so, but who could blame them for getting distracted?,” asks Joel Johnson. “Television has been pretty awesome over the last few years.”

Members of Congress, fearful of a flood of telephone calls following the switchover, are taking the matter seriously. “I warn those who would stand in the way, who dismiss my sense of urgency, that should they force us to keep to our current course, it is the American public who will bear the brunt of their opposition,” said Sen. John Rockefeller, sponsor of the legislation. “We owe our citizens so much more than this.”

Rockefeller is adament that Congress will not allow any further delay past June 13.

But, say observers, even that date is not carved in stone. In the weeks leading up to the switchover, Newsweek and the Consumers Union are expected to track down and interview “at-risk consumers” unprepared for the transition, which may spark further congressional action. Without still more months of heavy public-service advertising on the transition, they are expected to argue, “rural, low-income and elderly citizens across the country could be left with blank television screens.”

Adam raises some important questions below about the legislation introduced in Congress to ban silent cell phone cameras. Like many things Congress does, I wonder if the proposed solution might end up being worse than the perceived problem.

Is cell phone camera voyeurism actually a serious problem in the U.S.? Or is this just another problem being blown out of proportion by politicians? Some actual data on the incidence of camera phone “predation” would be useful in deciding whether digital voyeurism is a matter that demands Congress’s attention. The bill’s current language offers up only the vague statement, “Congress finds that children and adolescents have been exploited by photographs taken in dressing rooms and public places with the use of a camera phone.”

I also wonder why the legislation targets phones rather than silent compact cameras of all sorts. Ridding from the market all silent mobile phone cameras would just make bad guys switch to compact, silent cameras with memory cards. (That’s not to say that Congress should ban them, either).

There’s a case to be made that in some situations, it might actually be a good thing for people to have cell phones equipped with silent cameras. What about somebody who’s being assaulted, or mugged, or raped and wants to photograph their attacker but fears retaliation? Or someone who’s just witnessed a crime, unbeknownst to the perpretator, and is trying to get a snapshot of the fleeing suspect? Or a whistleblower who wants to collect evidence of illicit activity by snapping covert photos?

To be sure, these are all hypothetical, unlikely scenarios. But for all we know, incidents involving “cell phone predators” are just as unlikely. And the person with the “good” use for their silent cell phone camera is much more likely to be impacted by a ban, because the bad guys will just skirt the law by hacking their phones or buying regular cameras.

Only last week, President Barack Obama issued a new government-wide policy on FOIA requests mandating a “presumption in favor of disclosure” and directed his OMB to get to work fast on an “Open Government Directive,” with specific mandates for agencies, that achieves “an unprecedented level of openness in Government.” That task is a tall order for the 120-day deadline Obama set.

So no doubt this week’s day-long conference presented by the Collaboration on Government Secrecy and American University’s Washington School of Law will attract some attention from those within the Administration charged with getting the new policy out the door. Indeed, the conference’s aim seems particularly pragmatic–organizers intend to end the day with “an on?site consensus prioritization of policy changes, to be formally delivered to the Obama Administration.”

For a clue of what to expect in that “prioritization,” look to the agenda. Participants include representatives from OMB Watch, the National Security Archive, the Center for Democracy and Technology, the Constitution Project, and the ACLU. (It is a bit disappointing that no one from Mercatus–e.g., co-blogger and transparency guru Jerry Brito–or Cato or the like is on the agenda, as there’s a lot of consensus on these issues across partisan and ideological lines.) Also participating are many journalist-types and several current and former officials (though only one that I can tell with much experience in a transparency-averse agency).

So expect a tight focus on national-security matters and executive branch records–i.e., the bugaboos of the Bush era–with perhaps less attention paid to openness in the regulatory policymaking process. Then again, Obama’s choice of Cass Sunstein as regulatory czar may drive the discussion in that direction, given his strong work on the value of openness and dissent.

For those in town interested in attending the event, registration still appears to be open.

Chris Soghoian has the story.

I’m intrigued by this new bill that Rep. Peter King has introduced to prevent video voyeurism. H.R. 414, the “Camera Phone Predator Alert Act” finds that “children and adolescents have been exploited by photographs taken in dressing rooms and public places with the use of a camera phone.”  To remedy this problem, King’s “Phone Predator Alert” bill would require that:

any mobile phone containing a digital camera that is manufactured for sale in the United States shall sound a tone or other sound audible within a reasonable radius of the phone whenever a photograph is taken with the camera in such phone. A mobile phone manufactured after such date shall not be equipped with a means of disabling or silencing such tone or sound.

In other words, cameras would have to get noisy again!  Old timers will recall the days when our cameras were noisier than a box of rocks. Today’s digital cameras and camera phones, by contrast, are increasingly silent, but that also opens up the door to potential abuse by some creeps out there. While I don’t believe there’s evidence pointing to a national epidemic of digital voyeurism, there’s no doubt that some people — including many youngsters — are having their privacy invaded in this fashion.

I find King’s solution at once to be both ingenious and futile. It’s ingenious in that, if we could truly force it upon everyone, it might actually go along way towards solving this problem. The noisy camera would again act as the prime deterrent to such an act.

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As a means of introducing myself to TLF readers, this is an article that I wrote for the PFF blog in September that has not been previously mentioned on the TLF. Most of my other PFF blog posts have been cross-posted by Adam Thierer or Berin Szoka, but I’ve taken ownership of those posts so they appear on my TLF author page.

This is the first in a series of articles that will focus directly on technology instead of technology policy. With an average age of 57, most members of Congress were at least 30 when the IBM PC was introduced in 1981. So it is not surprising that lawmakers have difficulty with cutting-edge technology. The goal of this series is to provide a solid technical foundation for the policy debates that new technologies often trigger. No prior knowledge of the technologies involved is assumed, but no insult to the reader’s intelligence is intended.

This article focuses on cookies–not the cookies you eat, but the cookies associated with browsing the World Wide Web. There has been public concern over the privacy implications of cookies since they were first developed. But to understand them , you must know a bit of history.

According to Tim Berners Lee, the creator of the World Wide Web, “[g]etting people to put data on the Web often was a question of getting them to change perspective, from thinking of the user’s access to it not as interaction with, say, an online library system, but as navigation th[r]ough a set of virtual pages in some abstract space. In this concept, users could bookmark any place and return to it, and could make links into any place from another document. This would give a feeling of persistence, of an ongoing existence, to each page.”[1. Tim Berners-Lee, Weaving The Web: The Original Design and Ultimate Destiny of the World Wide Web. p. 37. Harper Business (2000).] The Web has changed quite a bit since the early 1990s.

Today, websites are much more dynamic and interactive, with every page being customized for each user. Such customization could include automatically selecting the appropriate language for the user based on where they’re located, displaying only content that has been added since the last time the user visited the site, remembering a user who wants to stay logged into a site from a particular computer, or keeping track of items in a virtual shopping cart. These features are simply not possible without the ability for a website to distinguish one user from another and to remember a user as they navigate from one page to another. Today, in the Web 2.0 era, instead of Web pages having persistence (as Berners-Lee described), we have dynamic pages and “user-persistence.”

This paper describes the various methods websites can use to enable user-persistence and how this affects user privacy. But the first thing the reader must realize is that the Web was not initially designed to be interactive; indeed, as the quote above shows, the goal was the exact opposite. Yet interactivity is critical to many of the things we all take for granted about web content and services today.

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Don Marti has some choice words for Braden’s post on Scott McNealy and government open source contracting:

Let’s say that one of those Rent-to-Own stores that sells electronics under a confusing, one-sided contract got a big idea. Hey, we’re going to get a piece of the government market for LCD monitors!

Wait a minute, though. The government has a competitive bidding process for electronics, and no bureaucrat is going to commit to paying two grand for a $300 monitor. Even if you could bribe him, somebody is going to look at the books eventually.

Looks like life is tough for our fine-print-slinging rent-to-own sales weasel. But all is not lost. Next step: hire a fake-Libertarian rent-seeking lobbying operation out of Washington, D.C. Now you can re-cast the corporate welfare you want as having the freedom not to get your rightful corporate welfare, I mean property, taken away from you.

Put some Libertarian-sounding spin on the rent-to-own monitor plan, and now it’s: There’s a Regulatory Mandate to buy only Open Bid Monitors! Why can’t we have Fair Competition betwen the Open Bid model and our business model?

I don’t think the name-calling is necessary, but Don does raise some interesting points. My thoughts:
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The Entertainment Consumers Association (ECA) is a group that does some good things to mobilize gamers to fight misguided regulation of video games. I greatly appreciate their tireless efforts to fight stereotypes and myths about games and gamers, and to specifically counter the hysteria about video games that we sometimes see in the press, and definitely see in political circles on a regular basis.  They’re a great ally in the fight for freedom of speech and artistic expression in this field.

That’s why I was so sorry to see the ECA launch a new campaign that encourages gamers to petition their congressional leaders and encourage them to regulate the high-tech economy more and waste more taxpayer dollars on inefficient universal service programs and subsidies:

Net Neutrality and Universal Broadband are not only great for America; they allow us to play the games we want at high speeds! … ECA believes that Universal Broadband and Net Neutrality are vital for the development of the national infrastructure, and believes that this bill is an important opportunity to let Congress know that you agree.

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(HT The 463) Forget the sex offenders on MySpace, Connecticut Attorney General Richard Blumenthal (and C|Net reporter Elinor Mills) should be investigating reincarnation on Facebook!!
elvis-on-facebook

Terrorism too!

athf-on-facebook

Seriously, they appear to have been completely taken in by a joke MySpace page.

Isle of Man Coat of ArmsThe Isle of Man may soon implement a “blanket license” whereby Manx broadband users could download as much music as they like in exchange for paying a “fee” (also known as a “tax,” since this would be non-optional) to their ISP that would supposedly be as low as $1.38/month.  The Manx proposal sounds a lot like how SoundExchange administers a blanket license in the U.S. for web-casting of copyrighted music:

the money collected by the Internet providers would be sent to a special agency that would distribute the proceeds to the copyright owners, including the record labels and music publishers. They would receive payments based on how often their music was downloaded or streamed over the Internet, as they now do in many countries when it is performed live or on the radio.

As Adam Thierer has noted,  Larry Lessig has endorsed at least a voluntary version of this idea, but Adam has raised a number of tough questions: Continue reading →