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Over the past year, I have been monitoring a very interesting trend with important ramifications for the future of Internet policy. State Attorneys General (AGs) — often in league with the National Center for Missing and Exploited Children (NCMEC) — have been striking a variety of “voluntary” agreements with various Internet companies that deal with child safety concerns or other online issues. These agreements require the companies involved to take various steps to alter site architecture and functionality, commit to stop certain practices, or take steps to block certain users (ex: predators; escort services) or types of content (ex: child porn; online “discrimination”) altogether.

To begin, let me be very clear about one thing: Some of these activities or types of content warrant a law enforcement response. That is certainly the case with child pornography or predation, for example. However, as I will note down below, there is a legitimate question about whether state officials and a non-profit private organization should be crafting legal or regulatory policies to address such concerns for a global medium like the Internet. Regardless, these agreements are creating a new layer of Internet regulation (almost extra-legal in character) that is worthy of exploration.

First, let me itemize some of these recent “voluntary” agreements between Internet companies and the AGs and/or NCMEC:

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When people ask me why I do what I do for a living — and, more specifically, why I focus all my attention on digital media and technology policy — I often respond by showing them the new gadgets or software I am playing with at any given time.  I just love digital technology.  I am swimming in a sea of digital gadgets, consumer electronics, online applications, computing software, video games, and all sorts of cyber-stuff.

Anyway, even though this is a technology policy blog, I sometimes highlight new digital toys or applications that have changed my life for the better. As the year winds down, therefore, I thought I would share with you five technologies that improved my life and productivity in 2008. I’d also love to hear from all of you about the technologies that you fell in love with this year in case I might have missed them. Here’s my list:

#1) Naturally Speaking 10:

Nat Speak boxThanks to Nate Anderson’s outstanding review over at Ars Technica, I finally made the plunge and bought Dragon Naturally Speaking 10 earlier this month.  Wow, what a life-changer. I had played around with an earlier version of this market-leading speech recognition technology and found it somewhat clunky and unreliable. But Ver. 10, has ironed out almost all the old problems and become an incredibly sophisticated piece of software in the process. I love the way I can use simple voice commands to navigate menus in Microsoft Word and in Firefox. Perhaps best of all, I can dictate random rants into a pocket recording device and then upload them to Naturally Speaking (via a USB connection) and have them instantly transcribed. I’m even composing blog entries like this using it! Only problem is inserting HTML code; that’s still a hassle. Also, I find that switching from one input device to another definitely affects the quality of the transcription. Once you “train” Naturally Speaking using one device, it makes sense to stick with it. It’s not just the quality of the microphone; it’s also the proximity to your mouth that makes a difference. Regardless, this is one great product and, best of all, it’s should help save my rapidly-aging hands from becoming prematurely arthritic! All those years of video games and keyboards have taken their toll. Continue reading →

This week, I have been up at Harvard University participating in another meeting of the Internet Safety Technical Task Force (ISTTF), of which I am a member. The ISTTF was organized earlier this year pursuant to an agreement between 49 state attorneys general (AGs) and social networking giant MySpace.com. A group of experts from academia, non-profit organizations, and industry were appointed to the Task Force, which is charged with evaluating the market for online child safety tools and methods and issuing a report on the matter to the AGs at the end of this year.  ISTTF members have been meeting privately and publicly in both Cambridge, MA and Washington, D.C. The Task Force has been very ably chaired by John Palfrey, co-director of Harvard’s Berkman Center for Internet & Society.

Although the ISTTF is looking at a wide variety of tools and methods associated with online child protection (ex: filters, monitoring tools, educational campaigns, etc.), many of the AGs who crafted the agreement with MySpace that led to the Task Force’s formation have made it clear that they are most interested in having the ISTTF evaluate age verification / online verification technologies.  In fact, at the start of this week’s session at Harvard Law School, AGs Martha Coakely of Massachusetts and Richard Blumenthal of Connecticut both spoke and made it abundantly clear they expect the Task Force to develop age and identify-verification tools for social networking sites (SNS). AG Blumenthal said we need to deal with “the dangers of anonymity” and repeated his standard line about online age verification: “If we can put a man on the moon, we can make the Internet safe.”  [Of course, putting a man on the moon took hundreds of billions of dollars and a decade to accomplish, but never mind that fact! Moreover, one could also argue that if we can put a man on the moon we can cure hunger, AIDS, and the common cold, but some things are obviously easier said than done. Finally, putting a man on the moon didn’t require all Americans or their kids to give up their anonymity or privacy rights in order to accomplish the feat!]

On many occasions here before, I have outlined various questions and reservations about proposals to mandate online age verification.  Last year, I also published a lengthy white paper on the issue and hosted a lively debate on Capitol Hill [transcript here] about this.  I also have discussed age verification in my book on parental controls and online child safety. [Braden Cox also talked about his experiences up at Harvard this week here, and CNet’s Chris Soghoian had a brutal assessment of this week’s proposals on his “Surveillance State” blog.]

In this essay, I will discuss the new fault lines in the debate over online age verification and outline where I think we are heading next on this front.  I will argue:

  • There is now widespread understanding that it is extraordinarily difficult to verify the ages and identities of minors online using the methods we typically use to verify adults. Because of this, age verification proponents are increasingly proposing two alternative models of verifying kids before they go online or visit SNS…
  • First, for those who continue to believe that we must do whatever we can to verify kids themselves, schools and school records are increasingly being viewed as the primary mechanism to facilitate that. This raises two serious questions: Do we want schools to serve as DMVs for our children? And, do we want more school records or information about our kids being accessed or put online?
  • Second, for those who are uncomfortable with the idea of verifying kids or using schools, or school records, to accomplish that task, parental permission-based forms of authentication are becoming the preferred regulatory approach. Under this scheme, which might build upon the regulatory model found in the Children’s Online Privacy Protection Act of 1998 (COPPA), parents or guardians would be verified somehow and then would vouch for their children before they were allowed on a SNS, however defined.  But how do we establish a clear link between parents and kids?  And will parents be willing to surrender a great deal more information (about themselves and their kids) before their kids can go online? And, is it sensible to use a law that was meant to protect the privacy and personal information of children to potentially gather a great deal more information about them, and their parents?
  • It remains very unclear how either of those two verification methods would make children safer online. Indeed, that could actually make kids less safe by compromising their personal information and creating a false sense of security online for them and their parents.
  • It is highly unlikely the Internet Safety Technical Task Force will be able to reach consensus on this complicated, controversial issue. A small camp will likely flock to the sort of proposals mentioned above. Another, larger camp (including me) will flock to education-based approaches to child safety as well increased reliance on other parental empowerment tools and strategies, industry self-regulatory efforts, social norms, and better intervention strategies for troubled youth. But the age verification debate will go on and, as was the case over the past two years, the legal battleground will be state capitals across America, with AGs likely pushing for age verification mandates regardless of what the Task Force concludes.

Continue reading if you are interested in the details.

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By Berin Szoka & Adam Thierer

As we noted in our intro to this ongoing series, Google’s tenth anniversary has passed with Googlephobia reaching new heights of hysteria.

But is Google really too big and dangerous, or are people just too lazy to find other alternatives to each of the wonderful services that Google offers?  If one is truly paranoid about the firm’s supposed dominance, it doesn’t take much effort to live a Google-free life. To prove it, we set out to find alternatives to each of the services that Google provides.  After awhile, we got a little tired of compiling alternatives in each category and just provided links for the additional choices at your disposal.  It’s tough to see what the fuss is about with the cornucopia of choices at our disposal.  If you don’t like Google, then just don’t use it or any of its services.  The choice is yours.

In each case, we’ve listed Google first, even though Google may not be the market leader ( e.g., Google’s relatively unknown social network Orkut).

Search Engines

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Googlephobia: The Series

by on September 11, 2008 · 9 comments

By Berin Szoka & Adam Thierer as part of an ongoing series

With Google celebrating its 10th anniversary this week, many panicky pundits are using the occasion to claim that Google has become the Great “Satan” of the Internet.  Nick Carr wonders what the future holds for “The OmniGoogle.” The normally level-headed Mike Malone worries that Google is “turning into Big Brother.”  And Washington Post’s Rob Dubbin says that he can’t escape Google’s “tentacles,” even for just 24 hours.  Meanwhile, speculation abounds that the Justice Department is preparing a major antitrust lawsuit against Google concerning its advertising partnership with Yahoo! or perhaps even a broader suit concerning Google’s “dominance” of online advertising generally.

Carr quotes Google co-founder Sergey Brin’s now-famous 2003 interview:

I think people tend to exaggerate Google’s significance in both directions.  Some say Google is God.  Others say Google is Satan.  But if they think Google is too powerful, remember that with search engines, unlike other companies, all it takes is a single click to go to another search engine. People come to Google because they choose to.  We don’t trick them.

In the last five years, Google has become far more than just a search engine.  As Google’s suite of suite of complementary products continues to grow, so too does the specter of Google as an all-knowing and therefore all-powerful economic colossus.  Yet Google isn’t even close to being the sort of nefarious monopolist out to destroy user privacy at every turn, as some seem to imply—if not exclaim.  Indeed, in our view, the Net is overall a far better place because of the existence of Google and the many free services it provides consumers.

Our point is not that Google should be immune from criticism.  Indeed, healthy criticism of corporate actions plays a vital role in the free market by disciplining corporate policies and behavior—often thus providing an effective alternative to government regulation.  This is particularly important in the area of consumer privacy protection, as demonstrated by Google’s quick response to public concern about its Chrome EULA. Continue reading →

A few days ago, I posted an essay about the recent history of “moral panics,” or “technopanics,” as Alice Marwick refers to them in her brilliant new article about the recent panic over MySpace and social networking sites in general.

I got thinking about technopanics again today after reading the Washington Post’s front-page article, “When the Phone Goes With You, Everyone Else Can Tag Along.” In the piece, Post staff writer Ellen Nakashima discusses the rise of mobile geo-location technologies and services, which are becoming more prevalent as cell phones grow more sophisticated. These services are often referred to as “LBS,” which stands for “location-based services.”

Many of phones and service plans offered today include LBS technologies, which are very useful for parents like me who might want to monitor the movement of their children. Those same geo-location technologies can be used for other LBS purposes. Geo-location technologies are now being married to social networking utilities to create an entirely new service and industry: “social mapping.” Social mapping allows subscribers to find their friends on a digital map and then instantly network with them. Companies such as Loopt and Helio have already rolled out commercial social mapping services. Loopt has also partnered with major carriers to roll out its service nationwide, including the new iPhone 3G. It is likely that many other rivals will join these firms in coming months and years.

These new LBS services present exciting opportunities for users to network with friends and family, and it also open up a new world of commercial / advertising opportunities. Think of how stores could offer instantaneous coupons as you walk by their stores, for example. And very soon, you can imagine a world were many of our traditional social networking sites and services are linked into LBS tools in a seamless fashion. But as today’s Washington Post article notes, mobile geo-location and social mapping is also raising some privacy concerns: Continue reading →

Wendy Tanaka of Forbes penned a nice article this week on “Making Social Sites Safer,” as in social networking sites. She interviews many members of the new Internet Safety Technical Task Force that is being chaired by John Palfrey of the Berkman Center for Internet & Society at Harvard Law School. Wendy was also kind enough to call me for some comments.

Wendy wanted to know how far technology could go to solve online safety concerns. Specifically, as she notes in her piece, “The discussions have centered on whether identity technologies can make social sites safer, or whether consumer education works best. State attorneys general believe more technological solutions are necessary, but some task force members contend that identity technologies on the market aren’t adequate. And even if they were better, they likely can’t prevent every unwanted incident and they could block contact between friends and relatives.”

On that point, I told her that, even if the age verification technology worked as billed (and I have my doubts), we’d have other issues to grapple with:

“So, if he’s 16 and she’s 21, they shouldn’t talk? Maybe they’re brother and sister,” says Adam Thierer, a senior fellow at the Progress and Freedom Foundation. Thierer also says that too many checks and restrictions could turn off users and hamper advertising on social networks. “There’s only so far the sites can go before undermining their business and cutting off their customer base,” he says. “At some point, it becomes an annoyance for users.”

What I meant by that is that there is a balance that must be struck between security and freedom on social networking sites because, if lawmakers (or even the site operators themselves) push too far and add too many layers of controls, their could be adverse consequences. In particular, users could flock elsewhere, including to offshore sites that have no safety guidelines or mechanisms in place. That would be a troubling outcome that could leave site users far less safe in the long-run. As I have pointed out in my big paper, “Social Networking and Age Verification: Many Hard Questions; No Easy Solutions,“Whatever their concerns are about current domestic sites, parents and policy makers should understand that those sites are generally more accountable and visible than offshore sites over which we have virtually no influence but that have the same reach as domestic sites.”

Moreover, we need to be aware of the privacy and speech-related issues that arise when governments seek for force users to surrender the online anonymity. I have written more extensively about that issue in my essay here on “Age Verification and Death of Online Anonymity.”

Finally, as I told Wendy, there is no substitute for education and awareness-building efforts as the real solution to these problems. “There are no easy technical fixes for complex human behavioral problems,” I told her. “We need to teach kids ‘Netiquette.’ ” That is, we need to do a better job teaching our kids proper online manners toward their peers while also making sure they understand what risks are out there and how best to deal with them.

Anyway, make sure to read Wendy’s Forbes article for additional insights from other Task Force members.

The USA Today editorial board published a nasty piece today belittling MySpace.com’s recent efforts to implement more safeguards for its users. Despite the fact that MySpace made over 70 promises to the Attorneys General as part of the agreement–the entire agreement is summarized here–that’s still not good enough for the USA Today’s editorial board, which wants full-blown identity verification before anyone is allowed on a social networking site:

“Even in the absence of a perfect software solution, interim steps are possible. How about using databases of drivers’ licenses to cross-check ages? In more than 20 states, they are public records. The point is, more effective safeguards are needed now, …. MySpace [should be] moving faster to set up age and ID verifications, not just study them.”

Well, where do I begin? I get so frustrated when I see comments like this because it is abundantly clear to me that people don’t think things through when it comes to age verification. As I pointed out in my lengthy PFF report, “Social Networking and Age Verification: Many Hard Questions; No Easy Solutions,” age verification is extremely complicated, and it would be even more complicated in this case because public officials are demanding the age verification of minors as well as adults, which presents a wide array of special challenges and concerns.

What Age Verification Really Is: The Death of Online Anonymity We need to begin by understanding what age verification really is. By definition, mandatory age verification represents an effort to make online anonymity a crime. In simple terms, citizens would be forced to “show their papers” at the door of every website or else run the risk of being denied access–simply because they do not want to surrender their name or age.

Think about what that means. It’s easy to take the benefits of online anonymity for granted. There are millions of people who comment anonymously on blogs like this one every day, or write anonymous book or product reviews on Amazon.com or eBay, or who just chat with others about various topics under the cloak of anonymity. It is a wonderful thing.

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