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Search Neutrality ? Net Neutrality

December 30, 2009 by

Sunday’s New York Times featured a provocative op-ed arguing in addition to regulating “net neutrality” the FCC should also effectuate “search neutrality” – requiring search providers rank results without consideration of business entities. The author heaps particular scorn upon Google for promoting its own context-relevant services (i.e. maps and weather) at the fore of search results. Others have already reviewed the proposal, leveled implementation critiques, and criticized the author’s gripes with his own site. My aim here is to rebut the piece’s core argument: the analogy of search neutrality to net neutrality. Clearly both are debates about the promotion of innovation and competition through a level playing field. But beyond this commonality the parallel breaks down.

Net neutrality advocates call for regulation because ISP discrimination could render innovative services either impossible to implement owing to traffic restrictions or too expensive to deploy owing to traffic pricing. Consumers cannot “vote with their dollars” for a nondiscriminatory ISP since most locales have few providers and the market is hard to break into. Violations of net neutrality, the argument goes, threaten to nip entire industries in the bud and rob the economy of growth.

Violations of search neutrality, on the other hand, at most increase marketing costs for an innovative or competitive offering. Consumers are more than clever enough to seek and use an alternative to a weaker Google offering (Yelp vs. Google restaurant reviews, anyone?). The author of the op-ed cites Google Maps’ dethroning of MapQuest as evidence of the power of search non-neutrality; on the contrary, I would contend users flocked to Google’s service because it was, well, better. If Google Maps featured MapQuest’s clunky interface and vice versa, would you use it? A glance at historical map site statistics empirically rebuts the author’s claim. The mid-May 2007 introduction of Google’s context-relevant (“universal”) search does not appear correlated with any irregular shift in map site traffic.

Moreover, unlike with net neutrality search consumers stand ready to “vote with their [ad] dollars.” Should Google consistently favor its own services to the detriment of search result quality, consumers can effortlessly shift to any of its numerous competitors. It is no coincidence Google sinks enormous manpower into improving result quality.

There may also be a benefit to the increase in marketing costs from existing violations of search neutrality, like Google’s map and weather offerings. If a service would have to be extensively marketed to compete with Google’s promoted offering – say, a current weather site vs. searching for “Stanford weather” – the market is sending a signal that consumers don’t care about the marginal quality of the product, and the non-Google provider should quit the market.

There is merit to the observation that violations of search neutrality are, on the margin, slightly anti-competitive. But this issue is dwarfed by the potential economy-scale implications of net neutrality. The FCC should not deviate in its rulemaking.

Filed Under: Broadband Tagged With:

Open Government Workshop at CITP

December 16, 2009 by

Here at Princeton’s CITP, we have a healthy interest in issues of open government and government transparency. With the release last week of the Open Government Directive by the Obama Administration, our normally gloomy winter may prove to be considerably brighter.

In addition to creating tools like Recap and FedThread, we’ve also been thinking deeply about the nature of open and transparent government, how system designers and architects can better create transparent systems and how to achieve sustainability in open government. Related to these questions are those of the law.gov effort—providing open access to primary legal materials—and how to best facilitate the tinkerers who work on projects of open government.

These are deep issues, so we thought it best to organize a workshop and gather people from a variety of perspectives to dig in.

If you’re interested, come to our workshop next month! While we didn’t consciously plan it this way, the last day of this workshop corresponds to the first 45-day deadline under the OGD.

Open Government: Defining, Designing, and Sustaining Transparency
January 21–22, 2010
http://citp.princeton.edu/open-government-workshop/

Despite increasing interest in issues of open government and governmental transparency, the values of “openness” and “transparency” have been under-theorized. This workshop will bring together academics, government, advocates and tinkerers to examine a few critical issues in open and transparent government. How can we better conceptualize openness and transparency for government? Are there specific design and architectural needs and requirements placed upon systems by openness and transparency? How can openness and transparency best be sustained? How should we change the provision and access of primary legal materials? Finally, how do we best coordinate the supply of open government projects with the demand from tinkerers?

Anil Dash, Director of the AAAS’ new Expert Labs, will deliver the keynote. We are thrilled with the diverse list of speakers, and are looking forward to a robust conversation.

The workshop is free and open to the public, although we ask that you RSVP to so that we be sure to have a name tag and lunch for you.

Filed Under: Uncategorized Tagged With: ,

Erroneous DMCA notices and copyright enforcement, part deux

December 15, 2009 by

A few weeks ago, I wrote about a deluge of DMCA notices and pre-settlement letters that CoralCDN experienced in late August. This article actually received a bit of press, including MediaPost, ArsTechnica, TechDirt, and, very recently, Slashdot. I’m glad that my own experience was able to shed some light on the more insidious practices that are still going on under the umbrella of copyright enforcement. More transparency is especially important at this time, given the current debate over the Anti-Counterfeiting Trade Agreement.

Given this discussion, I wanted to write a short follow-on to my previous post.

The VPA drops Nexicon

First and foremost, I was contacted by the founder of the Video Protection Alliance not long after this story broke. I was informed that the VPA has not actually developed its own technology to discover users who are actively uploading or downloading copyrighted material, but rather contracts out this role to Nexicon. (You can find a comment from Nexicon’s CTO to my previous article here.) As I was told, the VPA was contracted by certain content publishers to help reduce copyright infringement of (largely adult) content. The VPA in turn contracted Nexicon to find IP addresses that are participating in BitTorrent swarms of those specified movies. Using the IP addresses given them by Nexicon, the VPA subsequently would send pre-settlement letters to the network providers of those addresses.

The VPA’s founder also assured me that their main goal was to reduce infringement, as opposed to collecting pre-settlement money. (And that users had been let off with only a warning, or, in the cases where infringement might have been due to an open wireless network, informed how to secure their wireless network.) He also expressed surprise that there were false positives in the addresses given to them (beyond said open wireless), especially to the extent that appropriate verification was lacking. Given this new knowledge, he stated that the VPA dropped their use of Nexicon’s technology.

BitTorrent and Proxies

Second, I should clarify my claims about BitTorrent’s usefulness with an on-path proxy. While it is true that the address registered with the BitTorrent tracker is not usable, peers connecting from behind a proxy can still download content from other addresses learned from the tracker. If their requests to those addresses are optimistically unchoked, they have the opportunity to even engage in incentivized bilateral exchange. Furthermore, the use of DHT- and gossip-based discovery with other peers—the latter is termed PEX, for Peer EXchange, in BitTorrent—allows their real address to be learned by others. Thus, through these more modern discovery means, other peers may initiate connections to them, further increasing the opportunity for tit-for-tat exchanges.

Some readers also pointed out that there is good reason why BitTorrent trackers do not just accept any IP address communicated to it via an HTTP query string, but rather use the end-point IP address of the TCP connection. Namely, any HTTP query parameter can be spoofed, leading to anybody being able to add another’s IP address to the tracker list. That would make them susceptible to receiving DMCA complaints, just we experienced with CoralCDN. From a more technical perspective, their machine would also start receiving unsolicited TCP connection requests from other BitTorrent peers, an easy DoS amplification attack.

That said, there are some additional checks that BitTorrent trackers could do. For example, if the IP query string or X-Forwarded-For HTTP headers are present, only add the network IP address if it matches the query string or X-Forwarded-For headers. Additionally, some BitTorrent tracker operators have mentioned that they have certain IP addresses whitelisted as trusted proxies; in those cases, the X-Forwarded-For address is used already. Otherwise, I don’t see a good reason (plausible deniability aside) for recording an IP address that is known to be likely incorrect.

Best Practices for Online Technical Copyright Enforcement

Finally, my article pointed out a strategy that I clearly thought was insufficient for copyright enforcement: simply crawling a BitTorrent tracker for a list of registered IP addresses, and issuing a infringement notice to each IP address. I’ll add to that two other approaches that I think are either insufficient, unethical, or illegal—or all three—yet have been bandied about as possible solutions.

  • Wiretapping: It has been suggested that network providers can perform deep-packet inspection (DPI) on their customer’s traffic in order to detect copyrighted content. This approach probably breaks a number of laws (either in the U.S. or elsewhere), creates a dangerous precedent and existing infrastructure for far-flung Internet surveillance, and yet is of dubious benefit given the move to encrypted communication by file-sharing software.
  • Spyware: By surreptitiously installing spyware/malware on end-hosts, one could scan a user’s local disk in order to detect the existence of potentially copyrighted material. This practice has even worse legal and ethical implications than network-level wiretapping, and yet politicians such as Senator Orrin Hatch (Utah) have gone as far as declaring that infringers’ computers should be destroyed. And it opens users up to the real danger that their computers or information could be misused by others; witness, for example, the security weaknesses of China’s Green Dam software.

So, if one starts from the position that copyrights are valid and should be enforceable—some dispute this—what would you like to see as best practices for copyright enforcement?

The approach taken by DRM is to try to build a technical framework that restricts users’ ability to share content or to consume it in a proscribed manner. But DRM has been largely disliked by end-users, mostly in the way it creates a poor user experience and interferes with expected rights (under fair-use doctrine). But DRM is a misleading argument, as copyright infringement notices are needed precisely after “unprotected” content has already flown the coop.

So I’ll start with two properties that I would want all enforcement agencies to take when issuing DMCA take-down notices. Let’s restrict this consideration to complaints about “whole” content (e.g., entire movies), as opposed to those DMCA challenges over sampled or remixed content, which is a legal debate.

  • For any end client suspected of file-sharing, one MUST verify that the client was actually uploading or downloading content, AND that the content corresponded to a valid portion of a copyrighted file. In BitTorrent, this might be that the client sends or receives a complete file block, and that the file block hashes to the correct value specified in the .torrent file.
  • When issuing a DMCA take-down notice, the request MUST be accompanied by logged information that shows (a) the client’s IP:port network address engaged in content transfer (e.g., a record of a TCP flow); (b) the actual application request/response that was acted upon (e.g., BitTorrent-level logs); and (c) that the transferred content corresponds to a valid file block (e.g., a BitTorrent hash).

So my question to the readers: What would you add to or remove from this list? With what other approaches do you think copyright enforcement should be performed or incentivized?

Filed Under: Uncategorized Tagged With: , ,

Another Privacy Misstep from Facebook

December 14, 2009 by

Facebook is once again clashing with its users over privacy. As a user myself, I was pretty unhappy about the recently changed privacy control. I felt that Facebook was trying to trick me into loosening controls on my information. Though the initial letter from Facebook founder Mark Zuckerberg painted the changes as pro-privacy — which led more than 48,000 users to click the “I like this” button — the actual effect of the company’s suggested new policy was to allow more public access to information. Though the company has backtracked on some of the changes, problems remain.

Some of you may be wondering why Facebook users are complaining about privacy, given that the site’s main use is to publish private information about yourself. But Facebook is not really about making your life an open book. It’s about telling the story of your life. And like any autobiography, your Facebook-story will include a certain amount of spin. It will leave out some facts and will likely offer more and different levels of detail depending on the audience. Some people might not get to hear your story at all. For Facebook users, privacy means not the prevention of all information flow, but control over the content of their story and who gets to read it.

So when Facebook tries to monetize users’ information by passing that information along to third parties, such as advertisers, users get angry. That’s what happened two years ago with Facebook’s ill-considered Beacon initiative: Facebook started telling advertisers what you had done — telling your story to strangers. But perhaps even worse, Facebook sometimes added items to your wall about what you had purchased — editing your story, without your permission. Users revolted, and Facebook shuttered Beacon.

Viewed through this lens, Facebook’s business dilemma is clear. The company is sitting on an ever-growing treasure trove of information about users. Methods for monetizing this information are many and obvious, but virtually all of them require either telling users’ stories to third parties, or modifying users’ stories — steps that would break users’ mental model of Facebook, triggering more outrage.

What Facebook has, in other words, is a governance problem. Users see Facebook as a community in which they are members. Though Facebook (presumably) has no legal obligation to get users’ permission before instituting changes, it makes business sense to consult the user community before making significant changes in the privacy model. Announcing a new initiative, only to backpedal in the face of user outrage, can’t be the best way to maximize long-term profits.

The challenge is finding a structure that allows the company to explore new business opportunities, while at the same time securing truly informed consent from the user community. Some kind of customer advisory board seems like an obvious approach. But how would the members be chosen? And how much information and power would they get? This isn’t easy to do. But the current approach isn’t working either. If your business is based on user buy-in to an online community, then you have to give that community some kind of voice — you have to make it a community that users want to inhabit.

Filed Under: Privacy & Security Tagged With: ,

The Role of Worst Practices in Insecurity

December 11, 2009 by

These days, security advisors talk a lot about Best Practices: establishes procedures that are generally held to yield good results. Deploy Best Practices in your organization, the advisors say, and your security will improve. That’s true, as far as it goes, but often we can make more progress by working to eliminate Worst Practices.

A Worst Practice is something that most of us do, even though we know it’s a bad idea. One current Worst Practice is the way we use passwords to authenticate ourselves to web sites. Sites’ practices drive users to re-use the same password across many sites, and to expose themselves to phishing and keylogging attacks. We know we shouldn’t be doing this, but we keep doing it anyway.

The key to addressing Worst Practices is to recognize that they persist for a reason. If ignorance is the cause, it’s not a Worst Practice — remember that Worst Practices, by definition, are widely known to be bad. There’s typically some kind of collective action problem that sustains a Worst Practice, some kind of Gordian Knot that must be cut before we can eliminate the practice.

This is clearly true for passwords. If you’re building a new web service, and you’re deciding how to authenticate your users, passwords are the easy and obvious choice. Users understand them; they don’t require coordination with any other company; and there’s probably a password-handling module that plugs right into your development environment. Better authentication will be a “maybe someday” feature. Developers make this perfectly rational choice every day — and so we’re stuck with a Worst Practice.

Solutions to this and other Worst Practices will require leadership by big companies. Google, Microsoft, Facebook and others will have to step up and work together to put better practices in place. In the user authentication space we’re seeing some movement with new technologies such as OpenID which reduce the number of places users must log into, thereby easing the move to better practices. But on this and other Worst Practices, we have a long way to go.

Which Worst Practices annoy you? And what can be done to address them? Speak up in the comments.

Filed Under: Privacy & Security Tagged With: ,