PeerFlow

Kevin Martin's Bottle: Weak Ruling Against Comcast Guarantees Court Challenges

The FCC recently ruled that Comcast has to stop throttling P2P. On the surface, that's a good thing. That Kevin Martin wanted it makes me wonder.

For once I agree with a net neutrality opponent:

By instituting this weird, weak, and barely legal regulation, Kevin Martin will get ‘net neutrality regulation bottled up in the courts for - what - the next five years?

— Game, Set, and Match: Martin! by Jim Harper, Technology Liberation Front, 6 Aug 2008

Harper goes on to predict that meanwhile real competition could develop. And pigs could fly, but that's not the point.

This is the point:

The paragraph prior to the provocative line suggesting regulation of universities contains this sentence: “Allowing some Internet service providers to manage P2P traffic - much less to engage in complete blocking of P2P traffic - while prohibiting others from doing so would be arbitrary and capricious.” This is an administrative-law term of art - “arbitrary and capricious.” The use of it tells us that NCTA or Comcast will challenge the FCC’s decision to regulate only one provider of Internet access without regulating all similarly situated.

But Comcast is under a different regulatory regime!, says Harold and the others. Not in an enforcement of this “broad policy statement” thing-y. The FCC is claming free rein to regulate - not authority based firmly in statute - and if it can throw that rein over cable ISPs, it can throw that rein over universities, over Starbucks, and over the open wi-fi node in Harold’s house.

Now, given the free rein that the FCC is asserting, there is a darn good argument that it’s arbitrary (and “capricious”) to regulate only cable ISPs or commercial ISPs in this way. The FCC has to regulate the whole damn Internet this way if it’s going to regulate Comcast.

This is not just theoretical. Fox News recently refused to pay an FCC-imposed fine, saying it was "arbitrary and capricious". Fox cited a previous case in which a federal court slapped down the FCC for fining a show for swearing, saying it was "arbitrary and capricious".

All that plus if a court rules the FCC's recent decision is "arbitrary and capricious", that will be used as a precedent to require universities to regulate content on their networks in favor of big copyright holders, as elements in Congress have been trying to do for about a year now.

I think net neutrality advocates underestimate Kevin Martin at their (and our) peril.

-jsq

Os Invasores: Brazilian Malware Education Videos

At the Anti-Phishing Working Group (APWG) meeting in Pittsburgh, one common theme was that people still fall for scams like phishing, and have little comprehension of the various forms of malware that phishing uses.

The Brazilian Computer Emergency Reponse Team, CERT.br, has one possible solution: animated videos from antispam.br. So far they've got a pair. Navegar e Preciso explains how the Internet works, and goes as far as firewalls. Os Invasores explains viruses, trojan horses, worms, bots, and spyware (keylogger and screenlogger). Both videos are in Portuguese, but it's pretty easy to follow what's going on. Spanish translations are already in progress, and other languages will probably follow.

A virus looks like a little purple crab with yellow eyese and welding torch. A worm has google eyes and a long cable-connector tail. A bot looks a bit like a worm, but with shady Doonesbury eyes, a mechanical-looking tail, and in the foreground in hand with a toy remote control. I wonder how long before somebody makes mass market toys out of these characters?

Unfortunately, I couldn't watch these videos in Pittsburgh, because the hotel Internet "high speed" connection was so slow. Ironic, isn't it? The most innovative approach to user education I've seen lately comes from Brazil, and back in the U.S. of A. there's difficulty finding fast enough bandwidth to watch it. At the moment I'm elsewhere on a cable connection, which works, although the larger version of Os Invasores (22.4Mb) takes several minutes to get here.

-jsq

Malamud Court Gadfly

Carl Malamud is at it again. After getting patents and SEC filings and Congressional subcommittee hearings available online, now he's going for court case law.

Last week, Mr. Malamud began using advanced computer scanning technology to copy decisions, which have been available only in law libraries or via subscription from the Thomson West unit of the Canadian publishing conglomerate Thomson, and LexisNexis, a division of Reed Elsevier, based in London.

The two companies control the bulk of the nearly $5 billion legal publishing market. (A third, but niche, player is the Commerce Clearing House division of Wolters Kluwer).

He has placed the first batch of 1,000 pages of court decisions from the 1880s online at the public.resource.org site. He obtained the documents from a used Thomson microfiche, he said.

— A Quest to Get More Court Rulings Online, and Free, By JOHN MARKOFF, New York Times, Published: August 20, 2007

Markoff refers to Malamud as a gadfly. Hey, Socrates was a gadfly, too. Not bad company.

Now what happens if the Internet first mile access duopoly decides to give Thomson and LexisNexis and Wolters Kluwer high-speed high-quality transit and deprioritizes the Internet Archive?

-jsq

Education Entertainment

EDUCAUSE is up in arms about a proposed amendment to the Higher Education Reauthorization Act that the Senate is supposed to be considering today. It basically makes the Secretary of Education an arm of the MPAA and requires institutions of higher education to police file sharing. I think this is the most interesting part of the amendment, where it's saying it will:

(1) the 25 institutions of higher education participating in programs under this title, which have received during the previous calendar year the highest number of written notices fromm copyright owners, or persons authorized to act on behalf of copyright holders, alleging infringement of copyright by users of the institution's information technology systems, where such notices identify with specificity the works alleged to the infringed, or a representative list of works alleged to be infringed, the date and time of the alleged infringing conduct together with information sufficient to identify the infringing user, and information sufficient to contact the copyright owner or its authorized representative; and

— Text of Amendments, SA 2314, Congressional Record -- Senate, 17 July 2007

So universities are supposed to keep lists of allegations against their students (or staff or faculty) and those lists can be used to determine their funding. Allegations, mind you, not convictions. This is once again the entertainment industry tail wagging the dog, in this case higher education. Hm, I suppose that's a bad analogy, since the entertainment industry seems to only understand the big head, not the long tail....

And as if to demonstrate Republicans have no monopoly on horribly bad ideas, this amendment is proposed by the Senate Majority Leader, Democrat Harry Reid. Is the Internet really that hard to understand?

-jsq

TV, Literacy, and the Internet

Whether Ray Bradbury is right about the cause being TV or not, it appears that U.S. adults don't read very well:

In the International Adult Literacy Survey (IALS) assessment, 1994-98:

• The mean prose literacy scores of U.S. adults with primary or no education, ranked 14th out of 18 high-income countries;
• The mean prose literacy scores of U.S. adults with some high school, but no diploma or GED, ranked 19th out of 19 high-income countries;
• The mean prose literacy scores of U.S. adults with a high school diploma or GED (but no college), ranked 18th (tie) out of 19 countries;
• The mean prose literacy scores of U.S. adults with 1-3 years of college, ranked 15th out of 19 countries; and
• The mean prose literacy scores of U.S. adults with a bachelor's degree or higher, ranked 5th.

— The Twin Challenges of Mediocrity and Inequality: Literacy in the U.S. from an International Perspective, Sum, Andrew, Irwin Kirsch, and Robert Taggart, Educational Testing Service, Princeton, NJ, February 2002. Quoted in Fact Sheet Overview, National Institute for Literacy, accessed 7 June 2007.

Apparently U.S. adults only really learn to read in college, and not all that well even then. And if they can't read very well, it's a safe bet that they don't read very much.

EduCause Talking Points

EDUCAUSE, the higher education information technology organization, is active in net neutrality. Why? The first two points of their Talking Points on Net Neutrality answer that:

1. Net neutrality is fundamentally important to allowing universities fulfill their educational mission. Universities' goal is to deliver high-quality multimedia instructional material to as many students as possible, including off-campus students and those in rural areas. The widespread availability of open, affordable broadband communications makes distance learning more accessible and effective.
2. Universities' Internet research laboratories could be undermined if the Internet is not open to innovation and experimentation. Universities are developing next-generation Internet technologies that will drive the Internet economy. If Internet service providers are allowed to inhibit or degrade these research activities, the United States could lose its leadership role in the creation of Internet-based technologies.

Universities need net neutrality to do their two most basic jobs: teaching and research.