Ditzler Blog: Random, but not totally a 'ditz'!

Google Policy Fellowship 2010

2009-11-16T20:26:00.002-06:00

Don't forget about Google's Policy Fellowship 2010...Yet another wonderful program to learn from some pretty heady groups involved with information policy.

Oxford Internet Institute Summer Doctoral Programme

2009-11-16T20:23:00.003-06:00

Just wanted to get out the Oxford Internet Institute has announce the application process for the 2010 Doctoral Programme. Great opportunity to learn from a wonderful group of people.

UW-Milwaukee School of Information Studies

2009-10-22T11:42:00.002-05:00

The School of Information Studies (SOIS) at the University of Wisconsin-Milwaukee (UWM) is accepting applications for fall of 2010 for its PhD program in Information Studies.

Building on one of the largest and most varied MLIS programs in the United States, the PhD program prepares researchers, educators, and administrators with specializations in three major areas (with other areas also supported):

• Information Organization
• Information Policy
• Information Retrieval

The School’s international faculty are recognized for their research productivity, ranking in the top five nationally in per capita publications in a recent study among American schools of library and information science (Adkins & Budd, 2007). The School also has established agreements and collaborations with a number of institutions around the world that offer students international learning and research experiences. SOIS is home to the Center for Information Policy Research (CIPR), which facilitates information policy research through its lecture series and research paper series, outreach activities, and Information Ethics Fellows program. The School also supports an Information Organization Research Group (IOrg), Research Group for Information Retrieval (RGIR), as well as an Information Intelligence & Architecture Research Lab, which serves as a hub for research on information analysis, system design & evaluation, digital libraries, data mining, and usability.

Located in a residential neighborhood near Lake Michigan, UWM serves a diverse community of over 30,000 students, faculty and staff. The very livable city of Milwaukee offers the cultural amenities of a large metropolitan area with the conveniences of a smaller city.

Financial aid is available in the form of competitive graduate assistantships (full-time students), tuition scholarships, and adjunct teaching opportunities. Priority consideration for admission will be given to applications received by January 15, 2010.

Detailed information about the program is available on the SOIS website (http://www.uwm.edu/Dept/SOIS/academics/doctoral.htm). For additional information, please contact Dietmar Wolfram (dwolfram@uwm.edu).

Thanks for the write-up Michael Zimmer

Open Access Week 2009

2009-10-21T09:47:00.004-05:00

This week UW-Milwaukee held an Open Access (OA) conference. Among the many topics of discussion was how to move faculty to publishing in OA journals. The ideas ranged from monetary bonuses to publishing in OA journals to mandating publication in OA journals.

The biggest hurdle to OA publication in my view, and others at this conference, is the culture of academia to underestimate the impact of OA journals. 'Impact' was purposefully chosen since as a future tenure seeking professor, publishing in higher impact journals is undoubtedly an important factor in the tenure attainment. It is all well and good for more established academics to champion OA publications, but those individuals already have jobs/tenure/reputation. For those of us that are new to academia, the prospect of publishing in OA journals is, at present, a choice between sharing our research in an effort to be socially responsible or putting our research in the traditional journals, non-OA, to gain reputation, hopefully a job, and eventually tenure.

Though research is still ongoing into the impact of OA journals, I don't think anyone can say that the impact of OA journals is comparable to traditional journals. Combine this uncertainty with the non-universal appreciation of OA publishing, new faculty members are apprehensive about OA publishing. At least in my view.

DMCA Takedown notice research

2009-09-11T14:57:00.005-05:00

Lately I have been able to do some of my preliminary work on DMCA take-down notices on higher learning campuses. As part of the initial work I have chosen to conduct a pilot study on University of Wisconsin system schools,which include two year and four year institutions listed here, and the Wisconsin Technical College System, whose institutions are listed here.

To my surprise, which hopefully I can explore in more depth when the pilot study is concluded, I discovered that few of the technical colleges have designated agents. In addition, there is one designated agent for all the UW System two year institutions and that same person also has domain over several of the UW System four year institutions. Since this pilot is limited to Wisconsin, my curiosity has been peaked and I wonder if this is similar in other states. Only time, and hopefully the support of a grant, will allow me to explore this in further detail and across a larger population. Until then, it looks like this pilot study will be very useful to test out the methodology that I have devised, see what data pertaining to DMCA take-down notices institutions capture, and how the various University of Wisconsin system institutions and Wisconsin Technical Colleges handle take-down notices.

What is in a name?

2009-09-03T14:59:00.005-05:00

How does government define the term 'broadband'? For years the term was defined solely quantitatively. Now that the FCC has asked for comments on defining and creating metrics to measure broadband, there are some proposals to include more than mere quantitative criteria such as:

Network neutral operation (no blocking legal material, no throttling of connections...)
Ability to watch streaming video, HD video, without noticeable lag
Ability to play games with low latency

There are numerous suggestions, which can be seen here. Defining the term broadband is important, and there is consensus on this point. However the number of stakeholders with a vested interest in defining broadband may not be able to reach an agreeable definition.

The process that the FCC has started does at least allow for input into the decision making process from any interested parties. For years many broadband access advocates decried the early definition of broadband as out of date and unrepresentative of the real world.

For my own part, I do wish broadband access was available for everyone, but realize many factors influence download and upload speeds that users experience during Internet usage. Yet it is my opinion that we should keep it simple and reach consensus on the following core points to define broadband.

1) Download and upload speeds as realized between the user and the ISP local office/node should be measured by the FCC. ISPs advertise certain speeds, but often cannot in reality deliver those speeds outside of the local area. Admittedly I am unaware of exactly what speeds are needed for popular activities such as watching streaming video and VOIP. I would suggest that the speed requirements for both functions be a basis to define broadband.

2)Data that can be legally accessed, to include websites and P2P networks, will not be blocked by ISPs.

3) Network management is acceptable. An ISP will manage its network as it deems prudent to maintain overall performance to end users and maintain compliance with points 1 and 2.

My recommendations are quite simple and will surely strike a wrong chord with some, but it is an attempt to bring the different stakeholders together on, what I feel, are three core issues that have emerged in the discussion to define broadband.

Municipal Networks

2009-06-23T14:56:00.003-05:00

Monticello, Minnesota may soon begin building a fiber network to every home and business within its municipality soon. The Minnesota Supreme Court sided with Monticello after incumbent Bridgewater Telephone Co., a subsidiary of TDS Telecommunications of Madison WI, appealed two lower court rulings. (I would suggest the comments be read after the story as well).

Monticello passed, with a majority vote ~70%, to finance $26 million and build the fiber network within in the municipality. The Monticello network creates positive and negative consequences.

Positive:
Fiber network in a town that has previously been bypassed
Connections to every home, not just business or "better neighborhoods"
Possible lower prices (speculation at this point)
A network that is more attentive to the people of the municipality

Negative:
Financial obligation of the municipality towards the network
Overbuilding network, not every house or business may want services
As the article mentions, alienation of private investment in the municipality (speculation as well)
"Government" control over the network

Like any large investment there are negative and positive consequences. Burlington Telecom (Vermont) conducted a similar project several years ago. That entity seems to be doing well. However a quick glance at their Internet speeds/price structure is troublesome. Though it is hard to compare my cable ISP in Wisconsin to a fiber ISP in Vermont.

No matter the outcome of the Monticello fiber network, the project can provide further information for othre municipalities bypassed by incumbent service providers. The municipal model could even lead to such things as Internet service being moved into the utility sector, which I have advocated for quite some time.

Ireland, ISPs, and 3-strikes

2009-06-22T15:32:00.005-05:00

The Irish Recorded Music Association is after ISPs in Ireland to utilize a 3-strikes policy for illegal file sharing in a legal action. If you recall the largest ISP in Ireland, Ericom, settled with the Association earlier this year by agreeing to implement a 3-strikes policy. The Association for its part was to pursue the implementation of the same 3-strikes policy at the other ISPs in Ireland.

This past week the Association filed paperwork against BT Ireland and UPC Communications Ireland.

Questions:

Why only go after two of the ISPs? If Ericom is not fully supporting the 3-strike policy, why not take Ericom back to court as well. For that matter why not take on all ISPs in Ireland?

Why is the music industry acting alone? In the US it seems the RIAA and the MPAA are conjoined twins...As I know nothing of Irish law, I can only speculate and think the strategy that the Irish Recorded Music Association is undertaking is odd.

Copyright case ends

2009-06-20T00:04:00.002-05:00

It appears that the hope that a new trial for Jammie Thomas-Rasset to lessen the fines for file sharing have been squashed. After the second trial, the jury fined Jammie Thomas-Rasset $1.92 million. Divide that among the 24 songs she shared and that is an astounding $80,000 a piece.

Unfortunately I have not had access to the trial or materials presented at the trial(s). However, there is already buzz that the fines are too harsh and a change in copyright law is needed. I am sure an appeal will be made in the near future. How does one, not wealthy already, come up with that sort of money?

Hopefully wiser minds will prevail and discover that the penalties prescribed by US copyright law are grossly out of proportion to the crime.

Pew Internet Survey

2009-06-19T14:44:00.003-05:00

The Pew Internet and American Life Project has released their 2009 Home Broadband Adoption Report. This is always an interesting report, especially that Pew has been conducting this research for multiple years. Overall broadband penetration to households has increased to 63%. Which falls in line with the results of a Strategy Analytics' report mentioned at ArsTechnica.

Important figures from the Pew report show those with lower incomes are continuing to adopt broadband Internet access. For household incomes of $20,000 or less the figures jumped from 25% in 2008 to 35% in 2009. For households with an income between $20,000 and $30,000 the number went from 42% in 2008 to 53% in 2009.

On another note, it appears that the cost of broadband Internet access has increased. Areas with little to no competition have higher prices than locations with multiple access providers. Additionally, the Pew report finds that subscribers are paying more for premium services, those services that offer higher speeds for extra money over the basic fee.

One last point, which is hard to do since there are many interesting pieces of information in these reports. It looks as though African-Americans are for a second year in a row behind in broadband Internet access adoption. It might be time to investigate the reasons for this slow adoption rate.

I would suggest anyone interested in broadband Internet access in the US to read these reports from the Pew Internet and American Life Project. The reports are full of information and tidbits.

Broadband Internet Access as a Utility

2009-06-18T01:07:00.003-05:00

In the past few days there was a renewed push to include broadband Internet access in the list of utilities. Included in most current lists are: electricity, water, sewer, telephone, steam, and natural gas. The perceived importance of broadband Internet access has been echoed by both politicians and academia for some time. (See Prof. Frieden) One need only look at the MuniWiFi projects around the US, or the efforts of local communities to develop fiber networks in their communities.

Recently British Prime Minister Gordon Brown made the comparison that Internet access is as important as access to other utilities (Thanks to Blandin for posting about this). The US included quite a bit of monetary support to increase broadband penetration and access in the US this past February in the stimulus bill. Many times President Obama has signaled that broadband Internet access is essential to the future of the US.

Why not make Internet access a necessity like other utilities? The rhetoric and the mentality are present in many individuals, groups, and communities across the country. Just as other services such as water, electricity, and telephone were included in the list of utilities, so should Internet access.

Of course there is a catch to providing Internet access. Devices are needed to utilize Internet access. Fortunately some relatively inexpensive computers have become available. In cases that these inexpensive computers are out of the means of citizens, a scheme similar to the DTV coupon program should be created.

UWM-School of Information Studies Supports Intellectual Freedom

2009-04-14T19:27:00.005-05:00

Today an interesting development occurred in regards to removal of gay-themed materials at the West Bend, WI public library. Perhaps other library programs will begin to follow suit in publicly taking a stand for the core values that librarians attempt to uphold every day in our communities. This is definitely an action that students and alumni can take pride from thanks to the efforts of the SOIS faculty.

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UW-M School of Information Studies Statement of Support for the West Bend Library
April 14, 2009

In recent weeks, two citizens of West Bend, Wisconsin have petitioned the West Bend Community Memorial Library to remove gay-themed books from a section designated “Young Adults,” arguing the books should be reclassified and placed in a restricted area requiring parental approval prior to being released to a minor. They further demand that the books be labeled with a warning about their content, arguing that they are obscene and pornographic.

The books in question include:

* “The Perks of Being a Wallflower” by Stephen Chbosky (MTV Books, a division of Simon & Schuster)
* “The Geography Club” by Brent Hartinger (HarperTeen, a division of HarperCollins)
* “Deal With It! a whole new approach to your body, brain and life as a gURL” by Esther Drill (Pocket, a division of Simon & Schuster)

The books are from major publishers, sold in general bookstores, and are available in public and high school libraries throughout the state.

Throughout the history of the American public library, special interest groups have attempted to exert a disproportionate degree of influence on the development of a community wide resource. Whatever the intentions of any of these groups, the public library is required to maintain a standard of intellectual integrity within a sometimes-volatile situation.

The public library was developed to be the anchor of free inquiry in our democracy. We believe that mission is still relevant today. Over 15,000 public library branches throughout the United States maintain access to quality materials collected and arranged according to national standards developed by thoughtful and committed information professionals. The administration and staff of the West Bend Community Library are among those professionals and public scholars dedicated to principles of open access, inclusive collections, and community service. The education of these professionals is rigorous and expansive, demanding sophisticated skills in assessment, development and leadership; it ensures their preparedness to take the lead in developing and delivering information resources to their communities.

We, the faculty and teaching academic staff at the School of Information Studies at the University of Wisconsin-Milwaukee, along with the SOIS Graduate Student Organization, commend the West Bend Community Memorial Library Board of Trustees, administration, and staff for their support of the principle of intellectual freedom in the face of pressure to abandon their professional and communal commitments.

Press Release

"3 Strikes", your diconnected

2009-03-26T02:25:00.006-05:00

Over the past few months the implementation of the "3 Strike Scheme" for disconnecting Internet users for alleged copyright infringement has circled the globe. One key point is that they are only allegations of copyright infringement until a court of law finds the Internet user in breach of copyright. However, the "3 Strike Scheme" forgoes a finding of guilt and imposes punishment almost immediately; from short periods of Internet disconnection to permanent disconnection. Those against such a system in Ireland and New Zealand have caused many to contemplate the scheme again.

I do want to rebroadcast, if you will, that the "3 Strike Scheme" is actually in place on American university and college campuses now. In short universities acting as ISPs must respond expeditiously to remove or disable access to infringing materials (17 USC 512(c)(1)(C)) in order to avoid liability. Again this is just for notifications of alleged copyright infringement, not for proven copyright infringement.

Which brings up another important point of contestation, the definition of a 'strike'. Is it a strike per item infringed? Does the strike represent the totallity of infringements for a specified period of time regardless of the number of items infringed? This is a fundamental issue that still needs to be addressed.

The development of the "3 Strike Scheme" is a mystery to me. Perhaps it is based on the system California imposed years ago, but in the California system allegations were not enough to impose punishment. In most of the "3 Strike Schemes" I have read, it appears they all end up with the same punishment, banishment from campus network access. As a student in the modern era, how can a student be expected to participate fully in the educational system without access to the campus network or Internet? Not to mention wholly online students, what are they to do? The last time I looked in my campus library, the only way to find materials was by using a networked computer to access the OPAC (that is card catalog for non-librarians).

So, as we support or decry the employment of the "3 Strike Scheme" across the globe, let us remember that the system is already in place on American university and college campuses and perhaps it is time we revisit its implications there as well.

(See: HEARING BEFORE THE SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS, FIRST SESSION, SEPTEMBER 22, 2005, Serial No. 109–56

and

THE INTERNET AND THE COLLEGE CAMPUS: HOW THE ENTERTAINMENT INDUSTRY AND HIGHER EDUCATION ARE WORKING TO COMBAT ILLEGAL PIRACY, HEARING BEFORE THE SUBCOMMITTEE ON 21ST CENTURY COMPETITIVENESS OF THE COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION, September 26, 2006, Serial No. 109–58

More Chicago cameras?

2009-03-17T23:21:00.003-05:00

ArsTechnica had an interesting article today, the SunTimes also reported this story-slightly differently here. What I did find amusing is that the 'red light cameras' are not used to stop (no pun intended) people from running red lights, but instead as a source of revenue. By using the cameras to gather data about an automobile's insurance, the cameras and the system behind it, will query insurance agencies and write appropriate citations. However the SunTimes article also mentioned use of other surveillance cameras around the city to tie into the same system.

Really the reason I bring this story to light is that it ties into the spread of surveillance cameras throughout Chicago, and other major urban areas, and that it seems to be twisting a punishment into a revenue source. Spurred on by a few colleagues I have started to research into public surveillance networks and their effects on privacy. Unfortunately, the US is rather behind in the times in studying this convergence, save a few excellent authors. Possibly because the systems are not as pervasive. Yet camera systems seem to be popping up more frequently in American cities without a real debate or examination these systems have on privacy or concepts of privacy.

It is one thing to expect little privacy in public, but quite another for someone to watch and archive any and every move you make in public then protecting that data from abuse.

The Eyes of Chicago are on YOU

2009-02-21T17:37:00.003-06:00

Mayor Daley of Chicago and Ray Orozco, executive director of the city’s Office of Emergency Management and Communications, announced that he would like to see CCTV cover the city.

What might come as a surprise, is my support of this plan. However, I have grave concerns over who has access to the system and retention of video.

As of now it appears only 911 dispatch operators have access to the network currently in place. As the system grows to cover the city, my concern is that other divisions will be granted access to the system and abuses will follow without strict legislation defining limits.

My next concern, peeked by a Facebook posting between Dr. Zimmer and Dr. Walker, both of UW-Milwaukee, relates to saved video. Will video of the system be archived or recorded. I am sure there is already in place an option to record video feeds to assist as evidence in court and review for further clues, if need be. However, will all video feeds be recorded? If so how long will the video remain archived?

In addition will the video be made available through Freedom of Information Act requests, it is after all a publicly created 'document' and as Illinois law says, "…it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government […] Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest." (5 ILCS 140/1)

It has been many years since Katz v. United States where the "reasonable expectation" of privacy was born. But it is my opinion that an individual, even in public, has an expectation to not be monitored and recorded for their time in public spaces. Simply, I can agree that an expectation of privacy in public is non-existent. This is based partially on the thought that no one would follow all the actions of an individual, but the ability for the State to record the actions of anyone in public from the time they enter the public space until they leave amounts to nothing more than stalking.

Perhaps video surveillance, open to the public, covering all governmental offices is in order. (Slight joke)

Moving forward

2009-02-18T02:07:00.004-06:00

Several times on this blog I have stated that I wanted to investigate DMCA take-down notices. The idea originated with Dr. Tomas Lipinski during various conversations and lectures. Today, with Dr. Lipinski's support, my colleague Su-Yu Lin has agreed to collaborate on the research. The initial stage is development and design of a research methodology.

The initial stage will be done in a few months. Followed, hopefully, by the investigation of the topic. If there is a particular point of data that people would like to be included in the methodology, we are more than welcome to entertain suggestions.

Further legislation for a US Broadband map

2009-02-12T16:54:00.004-06:00

After reading through and hearing some reports that the stimulus plan was including a broadband provision I was, of course, curious to see what that provision contained. Unfortunately the reports that I had heard were only saying that the broadband provision was to spread broadband service to unserved areas of America (not very helpful reports). Which I completely support. However how are 'they' to know who is unserved? Several states have taken upon themselves to conduct a broadband service map. Yet the federal government had not until late last year decided a map was important (see P.L. 110-385 Broadband Data Improvement Act).

In the latest version of the stimulus package available to me, February 10, 2009, there is a provision that again calls for the creation of a US Broadband Map (Title II-Section 201(l)(9 and 10)). This is in conjunction with the Broadband Data Improvement Act passed last year (P.L. 110-385). Granted P.L. 110-385 has not had enough time to full implements. I am rather happy that there is a definite timetable within the stimulus package for release of a broadband map of the United States. Except the time tables do not really match up for funding broadband expansion and release of the map. The stimulus plans says that all funds for the Broadband Technology Opportunities provision are to be dispensed by 2010. However the map has to be release no later than 2 years after the passage of the stimulus plan.

Maybe we are putting the cart before the horse on this one. Perhaps it would be better, or would have been better if the language is not changed, to complete the map first.

Intellectual Property and the American Individual

2009-02-11T00:33:00.005-06:00

So much of my studies this semester have centered on copyright and, in a sense, the American individual. To simplify, which may pose issues later, copyright is a property right held by an individual or a single entity to control their creative works. It is more or less a concept that individuals have control over those works. However, the explosion of creative works based on existing works, YouTube etc..., endless copyright battles, and the issue of 'pirating' have made me wonder if a new generation of Americans has begun to change the notion that intellectual property is owned by society and not the individual.

I cannot say for certain, but I very much doubt many cases of copyright infringement are done out of hate for copyright, the idea that intellectual property is overvalued (I don't want to pay for the latest hit song), completely misunderstanding or lack of education on the subject of intellectual property (colleges are stressing copyright at orientations for first years), or the simple rebellious nature of youth. (Those are certainly possibilities on my mind.)

Instead, I am interested to know if there is a fundamental shift that the newest American individual is treating intellectual property as a common good/commodity freely available for use. This would constitute a very marked shift in the American individual which has historically valued their private property and acted to protect said property by instituting such legal protections as copyright.

*Just a loose idea that struck me after being up for almost 36 hours. Also please ignore spelling, grammatical errors. Thank you! *

Facebook

2009-01-23T04:12:00.003-06:00

As I was joining groups on Facebook, I went through and searched for schools of library science.

I am surprised that there are still several schools without a Facebook page. *I don't like MySpace much, so I did not search there*

So we are confronted with library science programs striving to stress the importance of Web 2.0 technologies, yet not embracing them....makes me ponder a bit.

Online Safety for Children

2009-01-22T03:15:00.003-06:00

I stumbled on this good report that focuses on technological measures that could be used to help protect children in the online environment. Though I hate to see any sort of solution affect all Internet users, most of the measures appear to work at a local end user level.

It is also refreshing to see that the report identifies and states that technologies cannot provide a complete solution. (No 'Magic Bullet' I am afraid) Rather technologies used in conjunction with many other things, such as a parent's involvement in their child's online usage would provide the best chances of mitigating online dangers.

Really the best portion of the report, is the literature review, the rest is pretty mundane. It would be a great piece to 'bread crumb' from if anyone is starting a paper this semester on online safety for children.

REPORT(PDF)

The report is from the Internet Safety Technical Task Force-which includes some very heavy hitters in the realm of online communications.

Copyright infringement

2008-11-23T00:19:00.004-06:00

Professor Tomas Lipinski hinted at a great research topic during a visit to the seminar class I am taking this semester. However, it was the consensus of the seminar class that the information for the research may not be available because of legal or public relations issues.

So I have come to the blogospere to ask if anyone has any information about the following data or how to obtain the data.

Under 17 U.S.C 512(c)(3)(a), "a notification of claimed infringement must be a written communication provided to the designated agent of a service provider". In this case I am specifically looking only for data from higher education institutions; colleges, universities, etc. I would like to know the number of notices and, though I doubt possible, the outcome of those notices. How many instances was 17 U.S.C 512(c)(3)(g) asserted.

My immediate thought it that the various Freedom of Information Acts from state to state can be used to obtain this data. Has/does anyone have any information or knowledge of gathering this data?

The goal of this investigation is to see how the process is working for analysis purposes.

Illinois Library Records Confidentiality Act

2008-11-02T20:12:00.003-06:00

For one of my classes we were to go through our 'home' state's confidentiality/privacy statutes pertaining to libraries and identify any changes we would like to see made. Originally I was going to analyze Oklahoma's statute, but decided to look into the statute for Illinois. From this exercise I discovered a few changes that I would like to see made to the statute.

First, the statue limits confidentiality to only registration and circulation records in the library. The issue is that patrons use many items and services provided by the library without the resource being circulated. For instance if you were to browse/read through a book without circulating the item, then that would not be considered confidential. Thus some expansion is needed. Especially as the statute does not contain any protections for electronic access to resources. As the statute reads search logs and logs of websites would not be considered confidential and thus would not need a court order for law enforcement personnel to obtain.

Second, the immunity provision given in Section 1(b-5) grants libraries immunity, but sounds as if it also grants law enforcement immunity as well. If a law enforcement officer were to ask for confidential information in a nefarious manner, the statute reads as if it also provides immunity to the law enforcement officer. This is troubling from the standpoint that an officer could abuse their power to obtain information without consequence from this statute.

Overall, the statute seems very well written. With some of the updates that I have made for my class report, I think the statute would fall into line with current thinking on confidentiality in a library.

Google 2009 Policy Fellowship

2008-10-27T13:00:00.005-05:00

It is that time again to apply for the 2nd incarnation of Google's Policy Fellowship. I would urge everyone to apply if their interests fall into their fellowship categories. Although, the fellowship is only in its second year, the partner organizations on board are very good. This could be an excellent opportunity for aspiring students and/or advocates. More information can be found at the URL below.

http://www.google.com/policyfellowship/

Why open access may not work

2008-10-17T16:16:00.003-05:00

This past week in my doctoral seminar class we had a very good discussion about the research process and research reporting process. In this context we talked about open access journals. But also got a bit into the tenure process.

From this conversation I had to ask my professor if he knew of anyone that had used open access journals for tenure. To his knowledge he could not think of a person that had exclusively used open access journals in higher education to make tenure.

This got my mind churning and somewhat perplexed. I have this belief that knowledge should be available for anyone, not just those that can afford access to the knowledge. Further, I believe that the producers of that knowledge should not, in most publication cases, give up their copyright ownership in order to be published. After many years of education and hearing the positive, and negative sides of open access publication, I have gotten the sense that most people in higher education are proponents of open access. If this is the case then why is so much of our knowledge hidden behind the locked doors of the publication industry, where one only gets entry by producing money?

Thus after mulling over this for a few days, I have finally come to a conclusion. It is not that higher education people do not like open access, as I said before they seem proponents of it, but rather the system of higher education that limits the adoption of open access. Mainly the tenure process at most colleges and universities have a strong held belief that publications must be in well respected academic journals. For some reason though, most open access journals are viewed as less than or slightly inferior to academic journals.

Perhaps if colleges and universities were to revisit the concept of tenure as it relates to publication we would see a growth in open access journals. There are open access journals with peer review and quality controls comparable to best academic journals that sell for large sums of money. Just maybe if the rules of the tenure process were altered, or dare I say updated to the times, knowledge would flow a bit more easily, become more accessible to anyone with Internet access, and allow the producers of that knowledge to maintain control of their work.

Unfortunately for me, at least at this time, it looks that if I want to attain tenure I may have to compromise my position on open access to knowledge. Perhaps in the next few years the situation may change.

IP Addresses as private information?

2008-10-13T22:21:00.002-05:00

For my semester project I have decided to focus on exploring if IP addresses are personal information (personally identifiable information) or fair game. Luckily I have chosen a topic which I have not fully made up my mind. So this paper will reflect my own curiosity in the matter and be, at least I hope, very balanced.

At the heart of my paper I am hoping to examing differing opinions on whether or not IP addresses are PI or not. To be followed by a comparitive analysis of US law relating to IP addresses and EU laws.

My searching is progressing, all be it slowly. For some reason now that I am actually looking for information on the topic, I cannot find very many quality works on the topic. How I wish I would have not deleted all those Google feeds.

Finally a broadband inventory

2008-10-08T01:35:00.005-05:00

For quite some time I have been suggesting that the only way to solve disparities in broadband penetration across the country is to make a better accounting of the current status of the infrastructure. Finally, it seems that the US Congress has had a eureka moment, in which they also see that merely talking about increasing broadband penetration is not working.

So now we have the Broadband Data Improvement Act, S. 1492. Maybe now, after all of these years, we can finally lay the ground work for a broadband policy. A policy driven by national need and not private corporations.

I know that I, and many others, will be eagerly awaiting the data and reports that come from this act.

UWM OneWeb Day Videos

2008-09-25T23:41:00.006-05:00

Even though you might not have been able to view UWM's OneWeb Day live, the recordings are below. Each is thought provoking and covers a different aspect of the Web.

Palin e-mail hack

2008-09-22T12:44:00.003-05:00

ArsTechnica has another good bit of information on the Palin e-mail hacking case. If you are not aware of the newest updates, it is a quick read to catch you up.

Which brings me to my thought of the hour/day. Why is this such a big deal? If this were any other person, the FBI would surely not be 'raiding' an apartment already. Sure she is a governor mired in controversy and a vice-presidential candidate, but why all the hub bub, bub?

Now I can understand that this case might be of concern because she is a governor and there could be some very sensitive information in her e-mail account. However, no one is questioning why she was using an e-mail account other than her state e-mail account. The old cliche of you get what you pay for probably applies in this instance. What if, instead of Yahoo, Palin had been using GMail. Since GMail scans e-mails for advertising purposes (not a jibe at Google) conceivably Google would be going to the fighting ring. *side note: Which would be interesting since Google still has not been charged with copyright violations stemming from digital scanning operations*

This is case is incredibly whimsical in my mind. If this had happened to anyone else there would not be such an urgency to prosecute or rectify the situation. If, instead of Palin, a CEO or other higher up in an organization had use Yahoo for official organizational business they would have been fired by now. Maybe this is another way of showing there are two sets of laws in the US, one for the elite and another set for the rest of us which go unenforced. Most importantly this entire escape shows two things.

First, the US needs to implement better privacy standards for Internet users. When insurance companies are selling anti-identity theft insurance, you know the government has failed to protect 'our' personal information by lack of legislation.

Second, it shows that if you are important enough in some one's eye, the entire resources of the federal government will come to your aid. On a less satirical note, this shows that the tools are present for catching such privacy violations. It remains unclear how willing the government is to prosecute, but my guess is that since this is such a famous case, the defendant will be made very unhappy.

OneWebDay!

2008-09-22T11:05:00.003-05:00

It has finally arrived, OneWebDay. Billed as Earth Day for the Web, the day will have multiple events around the world speaking about the Web. Many of these events will also be broadcast online.

I wanted to call attention to this

2008-09-17T23:21:00.006-05:00

There is an interesting report from ArsTechnica about a bill that could potentially reverse the open access the NIH just mandated last year.

Discussing higher education

2008-09-17T23:21:00.003-05:00

A recurring theme that my fellow students and I return in our doctoral seminar class is whether or not online, distance education, is suitable for doctoral level education. Though I am a product of one completely online masters program and another hybrid program, I must say that working towards a doctorate online would not be for me.

First, the synchronous interaction that I have with my fellow classmates is extraordinary. Sadly for our professor/moderator, we usually end up taking up the entire time discussing the topic of the day. Of course at this level of study the time for lectures should be at an end. It should be up to the students to drive the learning experience.

Second, being on a campus presents wonderful opportunities not afforded to distance students. Most doctoral programs provide some source of income for their students. Usually it is some sort of assistantship for teaching, research, or both. The key is that this experience exposes and familiarizes the student with academe. How well this can be accomplished online is still open to future technological developments, however at this point in time, I cannot see the online programs holding up against on-site programs. At least for me anyway.

Fascinating book

2008-09-02T17:16:00.002-05:00

My first assignment for my new program was to read an item by Ernest L. Boyer Scholarship Reconsidered: Priorities of the Professoriate.

What a good book. Even though the publication date was a decade ago, the book is still very much relevant to higher education. If you have a few hours one dreary day and are interested in higher education, read this book. It is extremely fast to read and very understandable.

Break time is over

2008-09-02T02:48:00.002-05:00

So for the past two months I forced myself to not blog. It was actually much easier than I had thought. As the new school year approaches, there is some news to report.

1) I graduated from the University of Oklahoma with a MLS from the School of Library and Information Studies.
2) I have begun to work on a PhD in Information Studies at the University of Wisconsin-Milwaukee
3) I am playing catch up to the blogosphere...two months off and stories are the same, but with some differences.

That is it, yes what a wonderful life.

ISPs and download caps

2008-07-07T14:15:00.002-05:00

The download cap debate by ISPs has been swirling around the blogosphere of late. Is there another motive why ISPs would like to see download caps imposed?

Over the past few years the amount of entertainment media on the Internet has exploded. From downloading music posted on discussion boards to watching CBS's Jericho and ABC's Lost online. The amount of entertainment available is staggering, I have only named two of my favourites.

The purpose of download caps is to help ISPs manage their respective networks. After all a report from Sandvine shows that the P2P traffic accounts for 44% of Internet traffic, and 14.8% of Internet traffic is a result of streaming media. (I am not sure where iTunes or Netflix online videos fit into this picture.) ISPs have also argued that network management would help other users, by freeing up some bandwidth from the P2P users. (Wise assumption that we need to test).

However there could be anther reason why ISPs are pushing for download caps. Most of the progams I have seen have a limit, one was for 5GB and another for 40GB total for a month. But each plan has a mechanism in place to allow for more data to be downloaded, for a price. So if you watch a lot of TV online (like me), play a lot of online games (me again), download lots of files (me again, you have to love researching and articles in PDF that are 12MB), or have a particular amount of fun with digital photography which you must share with friends and family(me yet again) you could be in some trouble.

The download caps amount to nothing more than a potential new revenue stream for ISPs, especially if the download caps are small. It should be interesting how the future unfolds.

Gaming consoles and libraries

2008-07-07T14:07:00.003-05:00

USA Today had an interesting story over the holiday weekend. HERE. I thought I would bring it up since libraries are starting to using gaming nights to draw in young patrons. Maybe libraries should consider blocking gaming nights, just as many blocked the use of social networking sights. (Severe sarcasm!)

Google and Book Scanning

2008-07-01T14:49:00.003-05:00

Coming out of my comprehensive examination preparation last week, I had to reach out to friends to figure out what the deal is with Google and book scanning.

If you don't know already, Google is attempting to scan in the contents of libraries for various reasons. (I don't know them all, and I am not sure anyone does truly). Here is the issue.

Google is scanning in some copyrighted books, along with works in the public domain. How has Google not been shut down for violating copyright? There are certain provisions in the Copyright Act for libraries, Section 108. I would call attention to this section as it seems that Google is violating the copyright arrangements since Google is neither a public library, a non-commercial entity, not open to the public, nor has the format of the book become obsolete.

Thought I do not know what Google plans to do with the vast amount of information it has already scanned, the section I call attention to seem to show that it is not protected and is infringing on copyright. Google has recognized this in some ways by attempting to reach agreements with publishers.

Joyfully, my comprehensive examination did not have a question about Google book scanning or the copyright implications. Though I would have loved to take a stab at answering the question.

In the library profession, it seems there are three facets to the Google book scanning situation. First, is the group of librarians that love the idea. It will keep libraries relevant. How will it keep libraries relevant if patrons can simply go to Google.com and find all the books.. Second, is the group that Google is evil and stealing away from the public, while also breaking the law. I somewhat agree, but by virtue of this being my blog, I am in a third group. Those who see that the Google book scanning project has issues pertaining to libraries, copyright, and various other issues.

So I am interested in seeing Google move forward, only to see how the situation develops for all those involved.

Cox Communtions and computer scanning

2008-07-01T14:34:00.002-05:00

The term scanning may be incorrect, but I cannot think of a better adjective at the moment. Please note this is a story about a friend, not myself. I am a reformed 'pirate' or 'patriot for free information'.

Last week my friend received a telephone call concerning his Internet connection. It seems that he had finally been busted for downloading the newly released movies and music from other users of Limewire. Cox informed him that they would turn off the Internet connection until they could verify that he had deleted the infringing copyrighted works.

They went so far as to tell him what the file names were and a general time line pertaining to when they were downloaded. Shocked, my friend complied and deleted the files.

When he called Cox back, they activated his Internet service. After about 5 minutes of my friend waiting on hold, Cox confirmed that he had deleted the files.

Here is the conundrum floating around in my head. How did Cox know that he deleted the files? I am pretty sure I know how they discovered they were shared, but how did they know he deleted them? Unless all they did was activate the Internet service and analyze the traffic of Limewire.

My other puzzle is how can they legally monitor the traffic of a user. Obviously they knew the files were there, they had the exact file names. I have read about the services of companies that monitor and download copyrighted work to identify copyright infringement. How is Cox involved though.

So not only do we have the US Government potentially sniffing our communications, but also our ISPs looking into the packets of our communications. (Though some have said this has been going on for a long time).

It should make anyone uneasy. The situation does highlight the need for privacy reform in the United States.

No response

2008-07-01T14:32:00.002-05:00

Unfortunately, it appears that Senator McCain will not be responding to my inquiry relating to the FISA Amendments Act of 2008.

Illinois Senator Richard Durbin's Thoughts on FISA Amendments Act of 2008

2008-06-26T00:47:00.002-05:00

June 25, 2008

*Edited out my full name and address*

Thank you for your message regarding the surveillance of American citizens by the National Security Agency (NSA). I appreciate hearing from you on this important issue and share your concerns.

Protecting both the security and the freedom of the American people is among my highest priorities. We must ensure that the federal government defends the people of the United States from external threats while preserving the civil liberties that have helped make the United States the greatest and most enduring democracy in the world.

President Bush authorized the NSA to conduct warrantless electronic surveillance of communications made by American citizens living within the United States. At the time of the President's authorization, the Foreign Intelligence Surveillance Act (FISA) required the government to seek a warrant from a special court in order to conduct electronic surveillance of communications between American citizens and anyone outside the country. The NSA did not obtain approval from the FISA court or from any other court before initiating its domestic surveillance program.

For most of its existence, the NSA's program has operated without meaningful oversight. Few members of Congress were briefed about the program until its existence was revealed by the media, and those members who were aware were sworn to secrecy. The majority of the members of Congress still have not been fully briefed about the program's operational details. The Administration also has shut down its own Justice Department investigation into the NSA's program. In essence, the Administration has attempted to operate this program without any supervision or oversight. The lack of a mechanism for correcting potential abuses in the program undermines our Constitutional system of checks and balances and raises serious concerns about the possibility of excessive intrusion.

Congress has tried to work with Administration officials to update FISA in light of technological advances in communications. Too often, however, the Administration has taken advantage of the program's secrecy in its negotiations with Congress. In August 2007, the Administration proposed amending FISA through legislation known as the Protect America Act. I voted against the measure because I believed the bill provided too much opportunity for abuse by the NSA and other intelligence officials. Nonetheless, Congress passed the bill and the President signed it into law.

Congress currently is engaged in a debate about the appropriate scope of FISA. At the center of this debate is the issue of whether telecommunications companies that assisted in illegal surveillance should receive retroactive immunity from prosecution.

I oppose retroactive immunity for these companies and supported an amendment to the FISA Amendments Act of 2008 (S. 2248) that would have prevented them from obtaining retroactive immunity. This amendment, however, was unsuccessful. After the amendment failed, I voted against the bill, but it passed by a vote of 68-29.

The House of Representatives has refused to support any similar bill containing a retroactive immunity provision, and negotiations on this matter are continuing. Any legislation amending FISA should hold telecommunications companies responsible for their unlawful actions. The legislation should bring to light the role telecommunications companies played in the Administration's unlawful attempts to listen in on the communications of American citizens.

When the President and his Administration order surveillance of American citizens, these actions must be conducted in a manner consistent with the rule of law and the Constitution's commitment to civil liberties. I am deeply concerned about the manner in which the Executive Branch has initiated and conducted the NSA surveillance programs. I will keep your thoughts in mind as Congress continues to debate this issue.

Thank you again for contacting me. Please feel free to keep in touch.

Sincerely,

Richard J. Durbin

United States Senator

RJD/td

Correction

2008-06-25T01:50:00.003-05:00

My mind seems to be failing as my comprehensive examination for graduation nears.

John Shimkus represents the 19th Illinois Congressional District, not the 15th.

My apologies for any confusion.

Cheers!
Wyatt

Response from Senator Obama concerning the FISA Amendments Act of 2008

2008-06-24T13:00:00.002-05:00

Dear Wyatt:

Thank you for contacting me concerning the President’s domestic surveillance program. I appreciate hearing from you.

Providing any President with the flexibility necessary to fight terrorism without compromising our constitutional rights can be a delicate balance. I agree that technological advances and changes in the nature of the threat our nation faces may require that the Foreign Intelligence Surveillance Act (FISA), enacted in 1978, be updated to reflect the reality of the post 9/11 world. But that does not absolve the President of the responsibility to fully brief Congress on the new security challenge and to work cooperatively with Congress to address it.

As you know, Congress has been considering the issue of domestic surveillance since last year. Just before the August recess in 2007, Congress passed hastily crafted legislation to expand the authority of the Attorney General and the Director of National Intelligence to conduct surveillance of suspected foreign terrorists without a warrant or real oversight, even if the targets are communicating with someone in the United States. This legislation was signed into law by the President on August 5, 2007.

As you are aware, Congress has been working on reforms to FISA. On November 15, 2007, the House of Representatives passed H.R. 3773, the “Responsible Electronic Surveillance That is Overseen, Reviewed, and Effective Act of 2007” (RESTORE Act) by a vote of 227-189. The House bill did not provide retroactive immunity for private companies that may have participated in the illegal collection of personal information, nor does it provide immunity for Administration officials who may have acted illegally.

On February 12, 2008, the Senate passed S. 2248, making its own reforms to FISA. During consideration of this bill, I was proud to cosponsor several amendments, including the Dodd-Feingold amendment to strike the immunity provision, which would have enhanced privacy protections while maintaining the tools to fight terrorism. However, with the defeat of this amendment, the bill did not provide for a mechanism that would allow the American people to learn exactly what the Bush Administration did with its warrantless wiretapping program and provided for no accountability.

The House and Senate worked out a compromise, reconciling differences between the two versions of the bill before it can be signed into law. While I recognize that this compromise is imperfect, I will support this legislation, which provides an important tool to fight the war on terrorism and provides for an Inspectors General report so that we can finally get to the bottom of the warrantless wiretapping program and how it undermined our civil liberties. However, I am disappointed that this bill, if signed into law, will grant an unprecedented level of immunity for telecommunications companies that cooperated with the President's warrantless wiretapping program, and I will work with my colleagues to remove this provision.

The American people understand that new threats require flexible responses to keep them safe, and that our intelligence gathering capability needs to be improved. What they do not want is for the President or the Congress to use these imperatives as a pretext for promoting policies that not only go further than necessary to meet a real threat, but also violate some of the most basic tenets of our democracy. Like most members of Congress, I continue to believe that the essential objective of conducting effective domestic surveillance in the War on Terror can be achieved without discarding our constitutionally protected civil liberties.

Thank you again for writing. Please stay in touch as this debate continues.

Sincerely,

Barack Obama
United States Senator
-------------------------------------------------------------------------------------I would like to thank Senator Obama for the very fast response. Now I want to know what Senator Durbin of Illinois has to say, but also give Senator McCain the ability to respond.

The saga of telecom immunity continues

2008-06-23T14:16:00.006-05:00

On June 20th, the US House passed the FISA Amendments Act of 2008. Among those amendments is immunity for telecommunications companies for their cooperation of potentially violating the 4th Amendment rights of US citizens in an effort to preserve national security. Unfortunately the calls I placed to my Representative were unsuccessful. Thank you John Shimkus of the 15th Illinois Congressional District (Correction should have been the 19th Illinois Congressional District. My mistake, apologies)..Luckily election time is just around the corner.

Now the saga moves onto the US Senate. Which should be interesting. Considering our two presidential contenders will need to vote on the issue. If they do not take a stand on this issue, then how can we trust their leadership and decision making skills. Fortunately for me, Senator Obama is one of my senators. Unfortunately for him I have already called and e-mailed his office. (I had to make sure you heard me Senator Obama!).

If you are interested in the bill then you can find some more information at the following locations.

The legislation

Roll call vote of the US House

Sorry I only have the information for the Illinois senators...if you need to find out your senator's contact information you can go here and search by state.

Senator Obama

Phone: (202) 224-2854

District Phone: (312) 886-3506

Web page

Senator Durbin

Phone: (202) 224-2152

District Phone: (312) 353-4952

Web page

Tiered Internet service

2008-06-09T16:20:00.003-05:00

If you have been around the blogs or the technology news websites, you would have seen that Time-Warner Cable has finally begun their tiered Internet testing in Texas.

First, I would like to applaud TWC for taking this step in my own way. *Golf claps*. Seriously though at least TWC is attempting to find a solution to a potentially bad problem.

Time for the criticism. Most of us don't know how much data we transmit in any given month. The service in Texas does provide a metering device to track the usage, but where did the 40GB number come into play as the limit? I cannot say for certain, because I really have no idea what my data download statistics are, but 40GB seems fairly small. Especially when TWC is also including uploading traffic in the data count. What about advertising, sure it may be small amounts, but why should ISP subscribers pay for advertisements? Especially the annoying advertisements that pop up and slide across your screen, not allowing you to accurately hit the 'close' option? These are some smaller, perhaps even trivial aspects that have not been fully explored. Hopefully that the TWC experiment will allow that exploration and for adjustments.

Generally for any ISP exploring pay-per-byte(PPB)...

My understanding is that there is an issue with network management and that certain people are, perhaps, abusing or taking full advantage of a system. For me I am wanting some sort of trade-off from the ISPs. If consumers can move to pay-per-byte with hard limits, from pay-per-month with few limits, what is left to bargain with other than the guarantee of service levels. Part of the reason this is being tested is to examine network effects and hopefully cut down on the high bandwidth users. If consumers make that trade, then there should be some return for their business rather than restrictions on downloads .

Personally Identifiable Information

2008-05-16T15:16:00.005-05:00

Just this week Oklahoma State University announced a security breach (see here). Though these types of breaches seem to be few, the number of people adversely affected by them is quite large. Unfortunately the laws concerning Personally Identifiable Information are obviously quite lax.

One question that I have not been able to answer is why did the parking office need social security numbers? Why had the office not switched over to student ID's?

The sad fact is that most students are trusting, especially of their universities. That the university will protect the information that students must provide for financial aid and in this case too much information needed to obtain a parking permit rarely enters a student's mind. I know that I never cared until I entered my first graduate program.

The privacy laws are wholly inadequate and in need of desperate revision. Organizations that have such privacy breaches need to be dealt with harshly. The loss of information in these cases is not the fault of the person, but the organization. However the person is left to pick up the pieces of the organization's mistakes.

It would be interesting to know if and how Oklahoma State University has dealt with the persons responsible for data security. Were they reprimanded or released? Or is the university now just determined to 'fix' the problem?

How the RIAA, MPAA etc..want to use education funding to fight their battles

2008-05-05T16:33:00.003-05:00

I thought I had posted this some time ago...Unfortunately it looks like my mind forgot to tell the rest of my body to actually 'post' this.

There is a movement to tie together copyright enforcement with federal education monies. The US House has their version, HR 4137. But the backlash is less on the state level. Therefore, you can now see similar legislation at the state level (Illinois).

The purpose of the legislation is to fight copyright infringement, as both the attached bills explain. If a university/college receives a certain number of copyright notices, they would be obligated to fight copyright infringement and/or install technological measures to protect copyrights. However, there is/are provisions for technological solutions to analyze the data traffic in an effort to determine if data transiting the network is copyrighted. Now I am not positive on the particulars of the technology, but it would require the network to look into the data packets and view the 'real' data. For the postal analogy, the postal carrier would now be authorised to open and read your post to your grandmother. Not surprisingly the backlash is relatively low at the state level as it is almost being sneaked in the 'back door'.

Now, we have had reports of a large increase in the number of DMCA Copyright notices...One can only wonder if there is a link between the increase in RIAA notices and the pending legislation. Maybe it is a way to perhaps show there is a quantifiable need for universities/colleges to do the work of the recording industry. As dollars for education are continuing to dwindle from the federal and state governments, this amounts to nothing more than "passing the buck" of copyright protection to cash strapped educational institutions.

$/MB: Pay per bit----Coming Soon?!

2008-04-21T15:34:00.005-05:00

There was a very interesting article written by Leslie Cauley, for USA Today.

The question of whether paying per bit, ppb, will work is up to the consumers in as much as they may or may not go for the plan. Americans have been sold so well on the idea that Internet access is unlimited to download amounts or content (except the illegal content). What is the benefit for consumers of going to ppb? At the moment it is just chitchat, but what improvements would consumers obtain?

For my own part, I am not too worried about ppb. However, I do not know how much data I transmit on my connection. Three computers and a roommate, may create more traffic than I believe. However, I would want to see incredible strides in download speeds and network uptime in exchange for ppb. That is just for starters though. As talk increases about switching to this business model, further discussion would need to be had concerning the requirements that consumers would place on ISPs.

FTTH in the US

2008-04-09T16:07:00.002-05:00

The FTTHCouncil of North America recently released a report on the status of FTTH in North America. One of the biggest surprises was that Verizon accounts for a very large percentage of FTTH.

So the troubling question is, why is Verizon the only provider building out their network in any perceptable amount? Surely other service providers are building out their systems. If you know of any please post.

2008-04-01T14:17:00.002-05:00

The Google Policy Blog has voiced concern over the "artificially low cap" in place on H-1B visas.

Since Google is unable to find qualified Americans for the jobs. Then why doesn't Google start voicing a concern over education in the US? Instead of simply looking elsewhere, Google can be part of the overall solution to its own problem of insufficient staff.

As Google has noted in their post the H-1B visa holder contribute to the economy. Why not let Americans contribute to the American economy, instead of relying on foreign nationals to support the American economy.

I would be interested to known what the salary of an American vs a H-1B visa holder is at Google. Given that both employees have the same job/job description and time with the company. There have been some accusations that the pay for one is lower than the other. If Google would like to volunteer this information in order to dispel this notion that Google wants to higher H-1B visa workers because they can be paid less than Americans.

Broadband Census

2008-03-04T13:56:00.002-06:00

The website is attempting to inventory the broadband status of the country. By providing some information and performing a speedtest you can help to inventory broadband deployment in you area.

Broadbandcensus.com

AT&T Samples cable modems

2008-02-28T14:25:00.002-06:00

AT&T sampled the advertised vs the realised download speeds in a market. John Stankey discusses this at the following audio/slide presentation.

Thanks to Cynthia Brumfield for calling attention to this presentation

Wouldn't it be nice?

2008-02-28T13:54:00.003-06:00

As I read the reports from varying blogs about the recent FCC meeting at Harvard, I tend to become jealous. Of the recent past, most important policy matters and open hearings take place on either one of the coasts. Rarely does the government solicit input from the rest of the country. You know the "fly over" states.

This comes to my mind after reading the reports that Comcast paid for people to attend the FCC meeting. Yes, I agree completely that paying for a person to attend a government policy event is akin to voter fraud. However, at least someone got to attend the meeting while the rest of us are left out. Out in the middle of the nation.

The point that I am attempting to pice together is that policy meetings such as these should not have limits to those that may attend. If a room fills, move to another facility. The University of Oklahoma has learned this lesson really well, when a visitor such as Al Gore and his global warming speech come to campus. The other real question to ask is why did the FCC only have one meeting? Why were there only a limited number of people allowed?

I am not convinced Comcast destroyed the democratic process of this meeting, I was not there and have not seen the proverbial smoking gun. Maybe the FCC destroyed the democratic process by excluding those that showed up at Harvard or those of us who live in the rest of the nation. Maybe the FCC should go to the people in more than one instance.

Undersea Middle East and Asia Cables cut

2008-02-20T15:15:00.013-06:00

Saboteurs may have cut Mideast telecom cables

The article suggests that foul play may have been involved in the recent telecommunications issues of the Middle East and parts of Asia. Of lesser importance is the need to know how the cables were discovered in deep waters to have been purportedly sabotaged?

Over the years countries have tried to secure telecommunications with increasing layers of security. Internet backbone maps are even difficult to find at present. So how were the cables found? However why was sabotage used instead of terrorism? Is it believed a disgruntled employee did the act?

More questions than answers come from this announcement by the ITU. I think many supposed the line failures were more than just failures.

Managed Networks

2008-02-15T14:39:00.005-06:00

Earlier this week the FCC announced that a hearing would be held to gather input on managed networks. If you are unaware, Comcast has recently been derided by ISP subscribers and others for their network management practices. At issue is the delay of data, falsification of computers, and disruption of certain protocols.

After some time, the FCC has finally become involved in the ongoing debate of whether ISPs should be allowed to manage their own networks.

The basic point of view of a user, at least the vocal users on blogs etc, is that network management is bad. That the management of a network can lead to other 'management' methods like filtering information or 'snooping', looking into, data packets running across a network.

On the other hand the ISPs are, surprisingly (sarcasm), for network management. It would allow for the ISP to better maintain, secure, and guarantee service to its customers.

My point of view is this. If the ISPs can agree to oversight of their 'managemenet' then I do not see much of a problem. However, I mean oversight based not on political appointees or government employees, but by everyday users. Don't hold my breath I know.

The next guarantee that I would like ISPs to agree to is the improvement of customer service. My ISP advertises and I pay for the top tier of service. Supposedly I receive 15Mbps. From the test I have run, even the test my ISP provides, I am lucky to break 9Mbps. If network management is allowed on the basis for improved customer service, there should be a way to show that customer service is increasing.

The issue is not as complicated as we might think. The complications enter to make sure customers are protected against possible negative actions and ISP might take.

Pay Per Use/Unit

2008-02-05T14:51:00.000-06:00

Over the past few months I have been looking into the pay per use/unit system that Internet service providers in other nations have adopted. Recently, Time Warner Cable in Beaumont, Tx will begin charging users a flat rate for access that includes certain levels of upload and download amounts. However, it will also start charging subscribers a fee for every unit they exceed their base amount. (This is an pilot program.)

The positive side, as some point out, is that those users that download heavily will be able to stay connected to the Internet and not just be cut off. Additionally, the ISP network may operate better.

The negative side, those users that are not cut off are now subjected to perhaps a higher bill, if they exceed their limits. Networks may not operate any better than current levels.

My questions:

-How will such a pricing scheme affect streaming media and online games?

-Why would a cable company, Time Warner, start per unit pricing when it is also providing such television stations as HBO, owned by Time Warner, to its own Internet subscribers?

-How will users know the amount of data they have downloaded?

-Will bandwidth be increased to subscribers?

-Subscribers are moving from unlimited to limited download amounts, what benefit(s) do subscribers obtain for this switch?

These are a few questions that I have come up with over the past few days. Hopefully, after the Beaumont, TX experiment we will be able to see answers to these questions, at least on a small scale.

International broadband policy recap

2008-01-23T13:49:00.000-06:00

There are several very good books on the recent history of broadband policies around the globe. However, for those not interested in reading several books, there is an excellent synopsis from the Economist. You can read it here.

The increase in broadband penetration and speeds, generally, comes from overtures of governments into the realm of private busines, id est policy.

Need for broadband policy...

2008-01-23T13:42:00.001-06:00

The following story is very well written. It also calls for a national broadband policy for the United States. The idea of a national policy has been in my mind for years, and in some others, perhaps by charging per quantity of data downloaded Americans will see a need for a broadband policy instead of a band-aid policy to keep customers satisfied year by year.

Here is the story

MySpace and protecting children

2008-01-14T16:21:00.000-06:00

Today the MySpace and several states attorneys general commented on a comprehensive plan to protect the safety of minors on MySpace. The plan calls for monitoring MySpace for inappropriate materials, the creation of new technologies to determine and assign the age of users, and user education.

How does this affect MySpace users? The details are not all that clear, of course providing details would allow people to circumvent the plan. However, a concern that needs to be raised is why do we as a society keep limiting free expression in earnst to protect children? Most commonly cited are cyberbullying cases or child abuse cases all caused by technology. Perhaps, as this plan finally takes into account, educating the users is better than limiting the ability and speech of users. It is a touch subject to discuss, especially when children are involved, but society and elected officials seem to be a step behind or misinformed about the abilities of technology. Protection measures are needed, but they need to be done by the parents not the State.

FCC to investigate Comcast

2008-01-11T15:34:00.000-06:00

FCC Chairman Kevin Martin said on January 8th, 2008 that the FCC would investigate Comcast Corporation. Recently Comcast had been investigated by several groups for blocking and/or dealying packets associated with the software program BitTorrent.

The blogs are going crazy...

2008-01-11T14:12:00.000-06:00

Today it seems that the ICT policy blogs and Internet blogs are going crazy with news about Connect Kentucky. I believe the original article is here, as I said the blogs are going crazy.

The debates and opinions, to put it nicely, seem to claim that Connect Kentucky is a sham. Some go so far to claim that several pesidential candidates are in league with telecommunications companies. Read what you can and make your own conclusions.

The silly thing about all of this is that there is currently a bill, H.R. 3919 , that will inventory broadband penetration. Perhaps more effort should be put into H.R. 3919, than polarizing Internet policy by political party.

Advertised vs Realised Download Speeds

2007-12-05T15:10:00.000-06:00

A recent report by the BBC raises a good question. Advertised vs Realised download speeds have been a discussion point for me, but the subject does not seem to get much traction in the media.

When an ISP advertises download speeds, it usually says something to the effect of 'download speeds up to'. To cover itself in case the download speeds do not reach the advertised speeds. I have found this to be an incredibly dubious practice by ISPs. My own ISP has advertised download speeds between 12-15Mbps, which is true part of the time. I can understand how cable modems work and their networks operate, but consumers should have a garuntee that their ISP will provide them with the advertised download speed. This would of course need to take into account system repairs and so forth and give allowances for unforeseen issues.

There is nothing more frustrating than paying for a service and not getting your monies worth from the service provider. Of course we should also look into why the pricing for broadband Internet access is higher in the US for smaller bandwidths, than in other countries. I thought cable competition was supposed to be high and save consumers money. (That is a commercial a local cable company is running in my area).

On a side note, my ISP actually does a very good job of providing the 12-15Mbps download speeds. I would say around 95% of the time.

Latest FCC meeting shows need for better data collection

2007-11-28T13:29:00.000-06:00

The FCC decided that in order to make an informed decisions further data was needed on the penetration and access of cable television services in the US. Apparently the cable service providers have 60 days to provide the FCC with this information. This recent need for better data on communications penetration and access shows how important bills such as the H.R. 3919, Broadband Census of America Act of 2007.
Though H.R. 3919 is geared towards showing broadband Internet access penetration, the same methods can be used to obtain cable television data.

Entertainment drives Internet innovation, desire for speed

2007-11-27T14:54:00.000-06:00

Bruce P. Mehlman wrote an intersting tidbit on the Internet Innovation Allicance blog this week. In his post Mehlman comments as to the leading driver of broadband Interenet adoption; entertainment.

This is a statement that I don't believe many can refute. I had not even really thought of the use of the Internet in such a manner. It is available to me and I use it, that is the extent to my thought in how the Internet is used. The Internet is also a hybrid system of entertainment and work. Sure, I play hours of my favourite online game, EVE. However, I also spend a lot of time searching, waiting on files to download, and connecting to different databases. All the while wishing the Internet was faster for my ever growing impatience.

Does the matter that the Internet is mostly used for entertainment mean that we should not develop or increase broadband penetration? Of course not. If anything the realization that the Internet can fulfill several roles of instruments of entertainment and work, should push the penetration for broadband Internet further.

So how does this statement by Mehlman change my view of the Internet? It does not alter my perception that we still lack and need an ICT policy in the US which promotes the penetration of broadband Internet access and the training needed by peoples to use all the technologies available to them.

A shared view of sorts...

2007-11-26T13:40:00.000-06:00

Susan Crawford had an excellent post on her blog. Though I think my favourite portion of her post was only a secondary point to freedom of speech/net neutrality, it is a very powerful and important point that needs to become clearer, in my opinion at least.

Society has treated electricity and water as a public utility available to every person. In a similar way telephone communication has transitioned into the same 'utility' view. Our next step is to transition highspeed Internet access to a similar position of a public utility.

In the past the US has transitioned first potable water, then electricity, and then the telephone as utilities with great efforts to spread availability across the country. Many politicos have told us repeatedly that the Internet is the future and that it is vital for American jobs and so forth. Why is it that the US, with all of this political rhetoric, still had not transitioned into thinking that highspeed Internet Access is a utility?

There are many points that I do not understand fully. However, I am sure one of the cons in transitioning to this view is the need for regulation. The last time I tried to research communications regulations, read as FCC publications etc, the regulatory body seemed quite capable of the task. One of the FCC's duties is to promote the best interests of the public. If everyone agrees that the Internet acces is almost mandatory for a prosperous life in the US, why has the FCC not helped to foster an environment of highspeed Internet diffusion or for that matter the rest of the US government?

As with the other public utilites, time was needed to make the transition from viewing electricity and water from amenities to necessities. My hope is that the time required for the US to take step of transition will not be too much longer. The US is slipping further down the OECD rankings and if we do decide to act, it may be too late to catch up to other societies.

House Resolution 4137

2007-11-15T12:43:00.000-06:00

The contents of HR 4137 are interesting. Specifically the following amendment; SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. The amendment, my interpretation, stipulates that colleges and universities take on the role of intellectual property police. In short, the amendment requires that colleges/universities provide information on copyright and the illegal downloading of intellectual property. It also says that colleges/universties should develop a to provide alternatives to illegal downloading of intellectual property and peer-to-peer sharing of protected materials. Further, it specifies that colleges/universities should plan to explore a technology-based deterrent to illegal downloading.

An interesting point is that the resolution seems to treat colleges/universities as both Internet end users and Internet service providers. This resolution seems to present a deviation from earlier cases of illegal downloading of intellectual property. Not only can the college/university loose funding with non-compliance, but the college/university has to provide an alternative to the illegal downloading of intellectual property. This sounds like a gift to the recording industry. Make colleges/universities subscribe to some service in order to prevent illegal downloads of intellectual property? Why not simply allow the college/university to stop illegal downloading of intellectual property by technology-based tools? Who will pay for the alternative downolad system too? That would be you and I the students and taxpayers.

A secod point that needs to be discussed is how the colleges/universities will distinguish between downloads protected by fair use and illegal downloads of intellectual property?

There are more questions than solutions in the resolutions current form. Perhaps if it makes it way to becoming a bill, the resolution will evolve to answer or solve some of these points here?

So you think you are writing a thesis

2007-11-15T12:19:00.000-06:00

Recently I have begun my journey into the hectic world of writing a thesis. Thus far these are some points that I have learned. I offer them up to anyone in hopes that they may have a less hectic journey.

First, pick your topic as early as possible. For me my topic, CIPA, was related to my interest in Information Policy and ICT Policy, so I had a 'leg up' with some materials. The earlier you choose your topic, the more reading and research you can conduct. That is within the boundaries of my second point.

Point two is to know the rules of the Institutional Review Board, the Graduate College, and department/school in which you are studying. All three of these entities have a different area of coverage. Probably the most unhelpful, or waste of time for me, what the Institutional Review Board. (Here is my rant at least as it pertains to my institution's IRB). Though some of the material is relevant to all researchers, most of the training materials provided and tested over for the IRB is completely irrelevant to many researchers that do not conduct research on children or in a medical area. (I am one of those researchers) It took me a few hours each day for a week to complete the incredibly overly dramatic and majority irrelevant information in the IRB training. (End of rant).

Along with beginning your thesis as early as possible, you should already have in mind who will be your advisors. Though my advisors think I will be doing all the work, I think that their assistance in being objective and constructively critical of my work is just as important as my portion. My advisors, in our first meeting, said it is 'your thesis', but with all the advice and information they provide it is more a concerted effort. So choose advisors that are interested in your topic, can be active in the project, and who are nice to you! Always be nice to your advisors, they will be 'life savers' and 'therapists' when you have issues.

Time management. An extremely important concept in any thesis. Just last week I began to work on my scheme for my thesis. Unfortunately, the best laid plan is wasted as soon as a variable changes. In my overzealous or naive attempt at scheduling I overlooked the fact that my advisors have lives outside of advising me on my thesis. The audacity of my advisors to have lives, when I have none. Now, I can laugh about this, because it seems so incredibly strange that I did not think of this variable. I even considered snow days and holidays in my scheme/schedule. So no matter the plan, be prepared for changes. One other thing, is to be sure you solicit for dates when your advisors will not be available to participate. (I have learned Time management the hard way recently). Remember those different entities, the IRB, Graduate College, Department/school, well they will all have different due dates for many different aspects. Take those dates and put them all on one single calendar, preferably your thesis scheme/timeline.

My last piece of advice as of now: STAY POSITIVE. No matter how bad it seems, you can 'KBO', keep buggering on. (Thank you Sir Winston Churchill for that)

Google Policy Fellowship

2007-11-13T15:10:00.000-06:00

For those that are able, unfortunately I will be in the final stages of my thesis, this sounds like a great opportunity. The Google Policy Fellowship information.

U.S. Broadband Map

2007-11-01T13:27:00.000-05:00

H.R. 3919 , Broadband Census Act of America of 2007, sets out to map out the service areas of broadband Internet access across the U.S. In the current language of the bill, the National Telecommunications and Information Administration of the Department of Commerce would collect data down to the 9-digit zip code or census tract level. The bill would also survey consumers as to several aspects of broadband service in their area.

The fact that this bill is now being introduced is a positive step. Positive in that such a broadband inventory can encourage competition by ISPs. The identification of underserved potential customers or wholly ignored areas open to new development could provide a catalyst for increasing broadband Internet access. When broadband Internet access saturation occurs, a broadband map will prove useful to identify further markets open to competition based on prices and speeds available to consumers and businesses.

The bill can also provide information for new residents about services. I know that before I move, typical transitory college student, one of the first questions I ask a landlord is whether broadband Internet access is available. Many times they do not know, and I am left with the duty of going to all the various big name ISPs to see if they offer service in which area. With such a map, a person could cut down the time spent researching for an answer to this question and at the same time see pricing and speed options. (At least the current information for when the map and survey were last conducted, which is to be annually).

Another use for this map is to provide data concerning broadband accessibility, geography, and demography. The data could be used in many imaginative ways. One could be the correlation between broadband accessibility and population income or whether remoteness and low population density are underlying characteristics of communities that do not have access to broadband Internet connectivity.

I would urge that the bill define broadband in terms to the current accepted use of the word. Instead of using the Federal Communication Commission’s 200Kbps speed, I would suggest that a minimum speed in the Mbps, perhaps 5Mbps, be used as a defining characteristic with a separate notation for non-broadband access, say through dial-up access in which speeds are slower than 5Mbps. Of course the 5Mbps was picked at random, but with 10Mbps speeds available in my area, I think 5Mbps would be a nice speed as a minimum.

First wireless nation: Macedonia

2007-10-08T14:40:00.000-05:00

It appears that an unlikely award has been bestowed upon a Mediterranean nation this year. Macedonia has been able to install a wireless network across the nation. Though this feat was not done alone, it is a marvelous step for Macedonia.

In the U.S. it seems to be the policy of the federal government and its agencies to allow for the market to spread Internet access across the nation. That is why in the U.S. there are 'pockets' of broadband connectivity. Usually these 'pockets' are in proximity to locations of denser population. The reason, in order for the communication company to make profits it must be present in areas with potential to create profits. In short it is more profitable, thus doable, to connect a city of 500,000 people for broadband connectivity than a town of 5,000. Gradually as market saturation increases in the larger population locations, broadband connectivity will filter out to less populated, less profitable areas of the U.S.; thus is my understanding.

The confusing point of this post centers on why monies and support from USAID was used for what is not done in the U.S.? Why is it that the U.S. can instigate a national broadband policy, however indirectly, in Macedonia, but not in the U.S.? Yes, the U.S. is much larger and perhaps better off with regards to infrastructure to support Internet connectivity, but why would USAID sponsor the development of high speed connection of schools, rural governments and populations in Macedonia, but not the U.S.? Maybe the US is using Macedonia as a testing ground for a national broadband policy? Congratulations are in order for Macedonia, for becoming the first nation with universal Internet access.

Public Library Funding & Technology Access Study 2006-2007

2007-09-24T13:56:00.000-05:00

Over the weekend I finally found the time to read the very interesting "Library Funding & Technolgy Access Study 2006-2007". Yes the title sounds a bit drab, but within this study is a great deal of information. Especially information that is pertinent to persons interested in ICT Policy and Telecommunications Policy.

In the ICT arena, the study highlights the shortcomings that public libraries are encountering with budgets and physical infrastructure of buildings. In addition to the lack of information professionals for support and improvment of ICT that is already in place. This is occuring when the use of public libraries is increasing, ICT equipment is becoming outdated, bandwidth is beoming maxed out, and budgets are decreasing for public libraries.

The Telecommuniations Policy is brought into the fold with the introduction of bandwidth limits at public libraries. Granted some of the bandwidth limitations are in place voluntarily, but my focus here is that there are some that cannot obtain greater bandwidth due to insufficient infrastructure in the geographical region. This introduces the topic that the U.S. needs a Telecommunications policy that benefits everyone, not only those people that reside in areas where telecommunication companies can make a profit.

There is also so much more information contained in the study, that I would urge even the lonely librarian to devle into its massive 200+ pages. However, many of those pages are charts and graphs.

Net neutrality: my view

2007-09-18T16:22:00.000-05:00

Well I have completed reading a lot of information in favor of Net neutraily and oppossed to Net neutrality. As well as the very dry FCC and FTC information. Government documents, what should I have expected.

I think it might be helpful to sum up the fears that both sides to the argument have.
For proponenets of Net neutrality, the fear is that information could be censored or delivered in an untimely manner due to network restrictions on access. I must say that I am also afraid this might happen.

Opponenets to Net neutrality are firm in their belief that Net neutrality will hamper development and innovation as well as the ability of broadband companies to recoup investments. I can see both of these points as well.

An underlying issue for the opponents to Net neutrality is a view that the bandwidth and resources of the Intnernet are approaching a zenith. And from what I have learned from reading the only way to avoid this limitation is to either add bandwidth to the networks connected to the Internet or provide another means to compress and/or prioritize different types of information( i.e. cramming more information into the same cable). Of course the additional bandwidth to networks is expensive since the netowrk cables and devices would need to be upgraded over a larger area and in several more locations. However, if prioritization were allowed, the upgrade could be done in a fewer number of locations and without the expensive additional cables.

Something that I do not understand is that since the emergence of broadband under the Net neutrality system, broadband companies seem to be doing quite well financially with an increasing number of subscribers. Then again, if the growth of devices attached to the network of networks increases, the potential for network shortages of bandwidth are present.

Opponents to Net neutrality have also brought up the point of quality-of-service, QoS. The idea behind QoS is that without Net neutrality, QoS can be implemented and provide better service to the end user. My concern with QoS is that there is no mention of a definition of acceptable QoS standards. For instance I currently pay for the highest tier of download capacity my ISP offers. Yet, when my download speeds drop to 25% of what the potential download speed could be there is no recourse. There is also no way for me to recoup or ask for credit for only partial service. In fact the only time I have gotten credit for network outages, was when Insight Communications' network went down in Illinois. Even then I had to spend several hours on the phone.

For me is the opponents to Net neutrality want to introduce QoS, then the end user needs to have some assurance and recourse when the ISPs are not able to maintain QoS to the end user. Herein is my solution for the Net neutrality debate. Allow the users to have QoS standards, with recourse for violations of those standards. When that is achieved, then allow Net neutrality to fade out for a set period of time. When the time has expired, a reevaluation of the system would need to be conducted if whether the non-Net neutrality Internet is acceptable or not.

During this period of time, as the opponents to Net neutrality hope, the network of networks can be improved and additional bandwidth implemented. One of the key points of opponents to Net neutrality is that Net neutrality will limit investment, innovations, and limit the ability of ISPs to recoup financial investments. This set period of time will allow the ISPs to recoup the investments and also experiment with a U.S. Internet free of Net neutrality.

Broadband Access: Right or service?

2007-09-11T16:34:00.000-05:00

Lately my research into information policy has lead me to an old hobby of mine. Trying to obtain broadband access for the masses of rural America. Where I came from broadband access was very late in arriving on the scene. To this day, there is only one choice in broadband ISP, no I will not divulge the company's name.

Suffice to say, as my friends all over the country and some not so far away, 15 miles away at most, were getting broadband Internet access my house and little town of 5,000 people were left out clutching onto our unshielded twisted pair wires to the telephone company.

I am a strong proponent for widespread diffusion of broadband technologies, but I would like to find an answer to the following question. Is broadband Internet access a right or service?

Depending on who you discuss the topic with, it could be either. I myself believe it to be a service, but a necessary service. Broadband Internet access can be likened to such things as potable water, electricity, and education. The U.S. has, in the past, made great strides in all three categories, why should broadband Internet access be any different. If the country would have relied upon the 'market' to spread electricity, potable water, and education among the rural communities of the country we might find a very different countryside.

Yet my question of whether broadband Internet access is a right or service has not been fully answered. The answer is that broadband Internet access is only a service, but a necessary service like electricity, potable water, and education that should be made available to everyone.

Free Wi-Fi for all...or not?

2007-09-05T14:43:00.000-05:00

An interesting arrest in London has recalled the debate of whether using unsecured Wi-Fi networks is ethical or not? See story here. Piggybackers are described as individuals that 'piggyback' onto unsecured Wi-Fi networks. Some for good other for more nefarious purposes.

Though this case is in London, similar cases have been seen across the United States. The Computer Fraud and Abuse Act is the typical law used to prosecute piggybackers. Is piggybacking wrong? Legally it is wrong in the United States. What about ethically?

Here is a parallel. I drop a dollar on the public sidewalk outside my home. I, for the purpose of this parallel, do not notice the dollar and keep walking. Is it stealing if a person were to pick up the dollar? My opinion is no. However, it appears that wireless signals constitute a different body of thought.

In the current legal framework the wireless signals of a Wi-Fi network remain private. Why is it that Wi-Fi signals necessitate a seperate law? WiFi signals are nothing more than electromagnetic waves eminating from a source. Why does this medium have different ownership privelages?

The questions abound in my mind about the ethics surrounding the piggybacking of WiFi signals. Though I understand the potential business loss to ISPs if wireless signals were shared, I do not see the harm that is caused to the ISP's subscriber. At least in most cases in the United States, ISPs charge Internet fees based on access speeds, not on data amounts transmitted. Thus the piggybacker would not cause any direct financial loss. But may circumvent paying the ISP for Internet access.

With the right and privelage to use Wi-Fi signals also comes a responsibility to use those signals responsibly. In my opinion, if the Wi-Fi signals and network are not responisbly secured to prevent unauthorized access, then the individuals that piggyback onto the Wi-Fi network should not be prosecuted.

There is no simple answer to the ethical question. Though a way to stop the situation from arising would be to require that Wi-Fi signals be secured when the wireless device is installed. Another method to mitigate piggybacking is to require that Wi-Fi access points be secured by default from the factory.

Yahoo! have you gone yahoo?

2007-08-29T21:28:00.001-05:00

As I was going through the news items of the day, a legal case against Yahoo! has been started. Now from my limited understanding of law, here are my thoughts.

The case alleges that Yahoo! is providing information to the People's Republic of China about user searches. As a result of this information some users may have been or are being punished. Yahoo! is contending that it must abide by local laws in order to conduct business in the People's Republic of China.

So here are my thoughts...

First, Yahoo! must follow the laws of the country it is conducting business. As much as Yahoo! complies with the laws for conducting business in the United States, it must similarly follow the laws of the People's Republic of China.

A precedent for such matters relating to Internet services was created in the LICRA v. Yahoo! case. In short, Yahoo! was required to block access to auctions selling Nazi paraphernalia. The precedent is that local governments can enforce there respective laws, regardless of the Internet companies base of operations. In this case the laws of France applied to Yahoo!, not the laws of the United States. As the United States allows the auctioning of Nazi paraphernalia.

So the question of whether or not Yahoo! must abide by local law has been somewhat answered. Yahoo! was following the local law of the People's Republic of China.

To close I do not think the actions or the law of the People's Republic of China is ethical, but what I think does not matter in so far as everyone must obey the law. The laws of one nation are not above or below the laws of another. I believe the word sovereignty might play a role in this case. The People's Republic of China has a sovereign right to create the laws that it deems necessary, just as the United States has the same right. However, one nation cannot enforce its laws upon another without violating sovereignty.

Of course I am not a legal expert and these are just my thoughts so far on the case. I wait in anticipation for further developments and the conclusion of this case.

Random beginning thoughts

2007-08-23T14:16:00.000-05:00

The new semester has begun and the workload actually seems to be managable. However, there is always an exception. This semester I have actively started to work on my thesis.

In line with my interest in information policy I have decided to examine one particular policy. The Children's Internet Protection Act (CIPA) generated a large number of literature about its potential negative effects. Yet that is where the information about CIPA stops. No one has ventrued to discuss questions about the interpretation, implementation, and effects that CIPA has had on public libraries. That is the focus of my thesis, to find out how CIPA has affected information access at public libraries. Assuming of course that CIPA has had some influence on information access. Yet the questions do need to be answered in order to help understand the outcomes of information policies.