It Could Happen Here Too

The Washington Post reports that China’s ‘netizens’ are holding authorities to new standard.

Jim Harper • November 9, 2009 @ 11:51 am
Filed under: Government and Politics; Telecom, Internet & Information Policy

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How Did the FCC Come to Acquire This Power?

Jeff Eisenach and Adam Thierer have a great essay in The American honoring the 50th anniversary of Ronald Coase’s article “The Federal Communications Commission.” It’s timely given the FCC’s proposal to establish public utility-style regulation of the Internet under the banner “net neutrality,” and it’s a good general warning to Neo-Progressives who “see market failure as the source of most problems, and government as the centerpiece of most solutions.”

Jim Harper • October 28, 2009 @ 10:22 am
Filed under: Telecom, Internet & Information Policy

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‘Net Neutrality’ Regs: Corporate Interests Do Battle

Some people have labored under the impression that “net neutrality” regulation was about the government stepping in to ensure that large corporations would not control the Internet. Now that the issue is truly joined, it is clear (as exhibited in this Wall Street Journal story) that the debate is about one set of corporate interests battling another set of corporate interests about the Internet, each seeking to protect or strengthen its business model. The FCC is surfing the debate pursuing a greater role for itself, meaning more budget and power.

Tim Lee’s paper, The Durable Internet, dispels the idea that owners of Internet infrastructure can actually control the Internet. The preferred approach to “net neutrality” is to let Internet users decide what they want from their ISPs and let ISPs and content companies do unmediated battle with one another to create and capture the greatest value from the Internet ecosystem.

If the FCC were to reduce its power by freeing up more wireless spectrum—either selling it as property or dedicating it to commons treatment—competition to provide Internet service would strengthen consumers’ hands.

Jim Harper • October 26, 2009 @ 10:27 am
Filed under: Telecom, Internet & Information Policy

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Whitehouse.gov Switches to Drupal

There was some buzz earlier this year when the White House used the free, open-source Drupal content management platform for Recovery.gov. Now the administration’s marquee Web site Whitehouse.gov will be using it.

The AP story linked just above does a good job of recounting the benefits of open source in this application: chiefly, low cost and high security.

Arnold Kling wrote recently on the Library of Economics and Liberty blog relating the work Elinor Ostrom did to win the Nobel prize in economics to how the Internet enables private provision of public goods—no regulation, little to no centralized authority at all.

Open source is nothing if not an example of that, and it’s good to see this use of open source joining many others across the big, beautiful Internet.

Jim Harper • October 25, 2009 @ 12:29 am
Filed under: Telecom, Internet & Information Policy

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Freedom for Vietnam’s Bloggers

Today the House of Representatives is debating H. Res. 672, which would call on the government of Vietnam to release imprisoned bloggers and respect Internet freedom.

Here is an article or two about what is happening with Vietnamese bloggers.

Jim Harper • October 21, 2009 @ 12:57 pm
Filed under: Foreign Policy and National Security; Law and Civil Liberties; Telecom, Internet & Information Policy

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From the Oxymoron File: The Neutral Subsidy

Peter Van Doren points me to some revealing passages in a new article in the Journal of Economic Perspectives. In “Subsidizing Creativity through Network Design: Zero-Pricing and Net Neutrality,” Robin S. Lee and Tim Wu caution against tiered pricing for Internet access services, writing:

[U]nless sufficient bandwidth and quality of service can be guaranteed for the “free” Internet, there is a risk that . . . tiering will serve to sidestep de facto prohibition on termination fees. . . . [A] priced-priority system could simply become a de facto fee charged for all content providers if the “free” Internet was of sufficiently poor quality and consumers shifted their usage behavior accordingly. . . . [T]his might dampen the introduction of new content and services and eliminate the subsidy for content innovation currently provided by net neutrality.

Locking in net neutrality by regulation would lock in a subsidy to content providers. Lee and Wu prefer it, and many of us may like the results, but it’s hard to call a subsidy regime “neutral.”

Jim Harper • October 1, 2009 @ 4:11 pm
Filed under: General; Telecom, Internet & Information Policy

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Is This Intervention Necessary?

So asks the Washington Post in a cogent editorial about FCC Chairman Jules Genachowski’s speech proposing to regulate the terms on which broadband service is provided. (More from TLJ, Julian Sanchez, and me.) The WaPo piece nicely dismantles the few incidents and arguments that underlie Genachowski’s call for regulation.

As the debate about “‘net neutrality” regulation continues, I imagine it will move from principled arguments, such as whether the government should control communications infrastructure, to practical ones: Will limitations on ISPs’ ability to manage their networks cause Internet brown-outs and failures? (This is what Comcast was trying to avoid when it ham-handedly degraded the use of the BitTorrent protocol on its network.) Will regulation bar ISPs from shifting costs to heavy users, cause individual consumers to pay more, and hasten a move from all-you-can-eat to metered Internet service? We’ll have much to discuss.

Jim Harper • September 28, 2009 @ 10:17 am
Filed under: Telecom, Internet & Information Policy

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Preemptive Regulation of the Internet

Julian Sanchez has already done a fine job of assessing FCC Chairman Julius Genachowski’s speech announcing his plan for federal regulation of the Internet. There was nothing really new in it. No substantial problems justifying regulation have emerged, and—Genachowski’s claims to modest aims aside—any ‘net neutrality regulation is likely to be a substantive morass. Says Julian:

[I]t absolutely reeks of the sort of ad hoc ‘I know it when I see it’ standard that leaves telecoms wondering whether some innovative practice will bring down the Wrath of Comms only after resources have been sunk into rolling it out.”

If the FCC goes ahead with regulating the Internet, the public will get a good look at what closed systems are really like. The FCC’s retrograde “Electronic Comment Filing System” doesn’t even allow full-text searches of submissions. This is but one failing the Internet’s engineers all over the country—and not just in big telcos—will run into dealing with the FCC.  It’s laughable that this outdated telecommunications bureaucracy is trying to take over the Internet.

A complex array of network protocols and business processes make up “the Internet.” The Internet’s end-to-end architecture is good engineering because it is naturally open, flexible, and conducive to communications freedom. The Internet empowers consumers to fend for themselves, such as in their dealings with Internet Service Providers. When Comcast degraded the Bitorrent protocol, it took just weeks for consumer pushback to end the practice. The FCC opened an inquiry long after the matter was settled.

But some politicians and the FCC’s lawyers think their slow-moving, technologically unsophisticated bureaucracy knows better than consumers and technologists how to run the Internet. The FCC’s “net neutrality” plans are nothing more than public utility regulation for broadband. With federal regulation, your online experience will be a little more like dealing with the water company or the electric company and a little less like . . . well, the Internet!

As Julian said, Tim Lee’s is the definitive paper. The Internet is far more durable than regulators and advocates imagine. And regulators are far less capable of neutrally arbitrating what’s in the public interests than they imagine either.

Jim Harper • September 21, 2009 @ 5:06 pm
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Eye of Neutrality, Toe of Frog

FCC Chairman Julius GenachowskiI won’t go on at too much length about FCC Chairman Julius Genachowski’s speech at Brookings announcing his intention to codify the principle of “net neutrality” in agency rules—not because I don’t have thoughts, but because I expect it would be hard to improve on my colleague Tim Lee’s definitive paper, and because there’s actually not a whole lot of novel substance in the speech.

The digest version is that the open Internet is awesome (true!) and so the FCC is going to impose a “nondiscrimination” obligation on telecom providers—though Genachowski makes sure to stress this won’t be an obstacle to letting the copyright cops sniff through your packets for potentially “unauthorized” music, or otherwise interfere with “reasonable” network management practices.

And what exactly does that mean?

Well, they’ll do their best to flesh out the definition of “reasonable,” but in general they’ll “evaluate alleged violations…on a case-by-case basis.” Insofar as any more rigid rule would probably be obsolete before the ink dried, I guess that’s somewhat reassuring, but it absolutely reeks of the sort of ad hoc “I know it when I see it” standard that leaves telecoms wondering whether some innovative practice will bring down the Wrath of Comms only after resources have been sunk into rolling it out. Apropos of which, this is the line from the talk that really jumped out at me:

This is not about protecting the Internet against imaginary dangers. We’re seeing the breaks and cracks emerge, and they threaten to change the Internet’s fundamental architecture of openness. [....] This is about preserving and maintaining something profoundly successful and ensuring that it’s not distorted or undermined. If we wait too long to preserve a free and open Internet, it will be too late.

To which I respond: Whaaaa? What we’ve actually seen are some scattered and mostly misguided  attempts by certain ISPs to choke off certain kinds of traffic, thus far largely nipped in the bud by a combination of consumer backlash and FCC brandishing of existing powers. To the extent that packet “discrimination” involves digging into the content of user communications, it may well run up against existing privacy regulations that require explicit, affirmative user consent for such monitoring. In any event, I’m prepared to believe the situation could worsen. But pace Genachowski, it’s really pretty mysterious to me why you couldn’t start talking about the wisdom—and precise character—of some further regulatory response if and when it began to look like a free and open Internet were in serious danger.

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Julian Sanchez • September 21, 2009 @ 2:41 pm
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Online Privacy and Regulation by Default

My colleague Jim Harper and I have been having a friendly internal argument about Internet privacy regulation that strikes me as having potential implications for other contexts, so I thought I might as well pick it up here in case it’s of interest to anyone else. Unsurprisingly, neither of us are particularly sanguine about elaborate regulatory schemes—and I’m sympathetic to the general tenor of his recent post on the topic. But unlike Jim, as I recently wrote here, I can think of two rules that might be appropriate: A notice requirement that says third-party trackers must provide a link to an ordinary-language explanation of what information is being collected, and for what purpose, combined with a clear rule making those stated privacy policies enforceable in court. Jim regards this as paternalistic meddling with online markets; I regard it as establishing the conditions for the smooth functioning of a market. What do those differences come down to?

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Julian Sanchez • September 17, 2009 @ 12:52 pm
Filed under: Regulatory Studies; Telecom, Internet & Information Policy

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A Bizarre Privacy Indictment

Page one of today’s Washington Times—above the fold—has a fascinating story indicting the White House for failing to disclose that it will collect and retain material posted by visitors to its pages on social networking sites like Facebook and YouTube. The story is fascinating because so much attention is being paid to it. (It was first reported, as an aside at least, by Major Garrett on Fox News a month ago.)

The question here is not over the niceties of the Presidential Records Act, which may or may not require collection and storage of the data. It’s over people’s expectations when they use the Internet.

Marc Rotenberg, president of the Electronic Privacy Information Center, said the White House signaled that it would insist on open dealings with Internet users and, in fact, should feel obliged to disclose that it is collecting such information.

Of course, the White House is free to disclose or announce anything it wants. It might be nice to disclose this particular data practice. But is it really a breach of privacy—and, through failure to notify, transparency—if there isn’t a distinct disclosure about this particular data collection?

Let’s talk about what people expect when they use the Internet and social networking sites. Though the Internet is a gigantic copying machine, some may not know that data is collected online. They may imagine that, in the absence of notice, the data they post will not be warehoused and redistributed, even though that’s exactly what the Internet does.

There can be special problems when it is the government collecting the information. The White House’s “flag@whitehouse.gov” tip line was concerning because it asked Americans to submit information about others. There is a history of presidents amassing “enemies” lists. But this is not the complaint with White House tracking of data posted on its social networking sites.

People typically post things online because they want publicity for those things—often they want publicity for the fact that they are the ones posting, too. When they write letters, they give publicity to the information in the letter and the fact of having sent it. When they hold up signs, they seek publicity for the information on the signs, and their own role in publicizing it.

How strange that taking note of the things people publicize is taken as a violation of their privacy. And failing to notify them of the fact they will be observed and recorded is a failure of transparency.

America, for most of what you do, you do not get “notice” of the consequences. Instead, in the real world and online, you grown-ups are “on notice” that information you put online can be copied, stored, retransmitted, and reused in countless ways. Aside from uses that harm you, you have little recourse against that after you have made the decision to release information about yourself.

The White House is not in the wrong here. If there’s a lesson, it’s that people are responsible for their own privacy and need to be aware of how information moves in the online environment.

Jim Harper • September 16, 2009 @ 2:02 pm
Filed under: Telecom, Internet & Information Policy

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Picture Don Draper Stamping on a Human Face, Forever

Last week, a coalition of 10 privacy and consumer groups sent letters to Congress advocating legislation to regulate behavioral tracking and advertising, a phrase that actually describes a broad range of practices used by online marketers to monitor and profile Web users for the purpose of delivering targeted ads. While several friends at the Tech Liberation Front have already weighed in on the proposal in broad terms — in a nutshell: they don’t like it — I think it’s worth taking a look at some of the specific concerns raised and remedies proposed. Some of the former strike me as being more serious than the TLF folks allow, but many of the latter seem conspicuously ill-tailored to their ends.

First, while it’s certainly true that there are privacy advocates who seem incapable of grasping that not all rational people place an equally high premium on anonymity, it strikes me as unduly dismissive to suggest, as Berin Szoka does, that it’s inherently elitist or condescending to question whether most users are making informed choices about their privacy. If you’re a reasonably tech-savvy reader, you probably know something about conventional browser cookies, how they can be used by advertisers to create a trail of your travels across the Internet, and how you can limit this.  But how much do you know about Flash cookies? Did you know about the old CSS hack I can use to infer the contents of your browser history even without tracking cookies? And that’s without getting really tricksy. If you knew all those things, congratulations, you’re an enormous geek too — but normal people don’t.  And indeed, polls suggest that people generally hold a variety of false beliefs about common online commercial privacy practices.  Proof, you might say, that people just don’t care that much about privacy or they’d be attending more scrupulously to Web privacy policies — except this turns out to impose a significant economic cost in itself.

The truth is, if we were dealing with a frictionless Coaseian market of fully-informed users, regulation would not be necessary, but it would not be especially harmful either, because users who currently allow themselves to be tracked would all gladly opt in. In the real world, though, behavioral economics suggests that defaults matter quite a lot: Making informed privacy choices can be costly, and while an opt-out regime will probably yield tracking of some who would prefer not to be under conditions of full information and frictionless choice, an opt-in regime will likely prevent tracking of folks who don’t object to tracking. And preventing that tracking also has real social costs, as Berin and Adam Thierer have taken pains to point out. In particular, it merits emphasis that behavioral advertising is regarded by many as providing a viable business model for online journalism, where contextual advertising tends not to work very well: There aren’t a lot of obvious products to tie in to an important investigative story about municipal corruption. Either way, though, the outcome is shaped by the default rule about the level of monitoring users are presumed to consent to. So which set of defaults ought we to prefer?

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Julian Sanchez • September 8, 2009 @ 10:58 am
Filed under: Regulatory Studies; Telecom, Internet & Information Policy

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600 Billion Data Points Per Day? It’s Time to Restore the Fourth Amendment

Jeff Jonas has published an important post: “Your Movements Speak for Themselves: Space-Time Travel Data is Analytic Super-Food!”

More than you probably realize, your mobile device is a digital sensor, creating records of your whereabouts and movements:

Mobile devices in America are generating something like 600 billion geo-spatially tagged transactions per day. Every call, text message, email and data transfer handled by your mobile device creates a transaction with your space-time coordinate (to roughly 60 meters accuracy if there are three cell towers in range), whether you have GPS or not. Got a Blackberry? Every few minutes, it sends a heartbeat, creating a transaction whether you are using the phone or not. If the device is GPS-enabled and you’re using a location-based service your location is accurate to somewhere between 10 and 30 meters. Using Wi-Fi? It is accurate below 10 meters.

The process of deploying this data to markedly improve our lives is underway. A friend of Jonas’ says that space-time travel data used to reveal traffic tie-ups shaves two to four hours off his commute each week. When it is put to full use, “the world we live in will fundamentally change. Organizations and citizens alike will operate with substantially more efficiency. There will be less carbon emissions, increased longevity, and fewer deaths.”

This progress is not without cost:
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Jim Harper • August 17, 2009 @ 12:21 pm
Filed under: Law and Civil Liberties; Telecom, Internet & Information Policy

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This “Cyberwar” Is a Cybersnooze

The AP and other sources have been reporting on a “cyberattack” affecting South Korea and U.S. government Web sites, including the White House, Secret Service and Treasury Department.

Allegedly mounted by North Korea, this attack puts various “cyber” threats in perspective. Most Americans will probably not know about it, and the ones who do will learn of it by reading about it. Only a tiny percentage of people will notice the absence of the Web sites attacked. (An update to the story linked above notes that several agencies and entities “blunted” the attacks, as well-run Web sites will do.)

This is the face of “cyberwar,” which has little strategic value and little capacity to do real damage. This episode also underscores the fact that “cyberterrorism” cannot exist – because this kind of attack isn’t terrifying.

As I said in my recent testimony before the House Science Committee, it is important to secure web sites, data, and networks against all threats, but this can be done and is being done methodically and successfully – if imperfectly – by the distributed owners and controllers of all our nation’s “cyber” assets. Hyping threats like “cyberwar” and “cyberterror” is not helpful.

Jim Harper • July 8, 2009 @ 12:42 pm
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Some Thinking on “Cyber”

Last week, I had the opportunity to testify before the House Science Committee’s Subcommittee on Technology and Innovation on the topic of “cybersecurity.” I have been reluctant to opine on it because of its complexity, but I did issue a short piece a few months ago arguing against government-run cybersecurity. That piece was cited prominently in the White House’s “Cyberspace Policy Review” and — blamo! — I’m a cybersecurity expert.

Not really — but I have been forming some opinions at a high level of generality that are worth making available. They can be found in my testimony, but I’ll summarize them briefly here.

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Jim Harper • June 30, 2009 @ 8:48 am
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Morozov vs. Cyber-Alarmism

I’m no information security expert, but you don’t have to be to realize that an outbreak of cyber-alarmism afflicts American pundits and reporters.

As Jim Harper and Tim Lee have repeatedly argued (with a little help from me), while the internet created new opportunities for crime, spying, vandalism and military attack, the evidence that the web opens a huge American national security vulnerability comes not from events but from improbable what-ifs. That idea is, in other words, still a theory. Few pundits bother to point out that hackers don’t kill, that cyberspies don’t seem to have stolen many (or any?) important American secrets, and that our most critical infrastructure is not run on the public internet and thus is relatively invulnerable to cyberwhatever. They never note that to the extent that future wars have an online component, this redounds to the U.S. advantage, given our technological prowess.  Even the Wall Street Journal and New York Times recently published breathless stories exaggerating our vulnerability to online attacks and espionage.

So it’s good to see that the July/ August Boston Review has a terrific article by Evgeny Morozov taking on the alarmists. He provides not only a sober net assessment of the various worries categorized by the vague modifier “cyber” but even offers a theory about why hype wins.

Why is there so much concern about “cyber-terrorism”? Answering a question with a question: who frames the debate? Much of the data are gathered by ultra-secretive government agencies—which need to justify their own existence—and cyber-security companies—which derive commercial benefits from popular anxiety. Journalists do not help. Gloomy scenarios and speculations about cyber-Armaggedon draw attention, even if they are relatively short on facts.

I agree.

Benjamin H. Friedman • June 23, 2009 @ 9:14 am
Filed under: Foreign Policy and National Security; Telecom, Internet & Information Policy

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New Technology Charts Old Repression

The fact that North Korea is a monstrous tyranny is well-known.  Google Earth is helping map that tyranny in extraordinary detail, from the opulent palaces of the elite to the horrid labor camps for the victims. 

Reports The Independent:

US researchers are using the internet to reveal what life is really like behind the closed borders of the world’s last Stalinist dictatorship

The most comprehensive picture of what goes on inside the secret state of North Korea has emerged from an innovative US project. The location of extraordinary palaces, labour camps and the mass graves of famine victims have all been identified. The online operation that has penetrated the world’s last remaining iron curtain is called North Korea Uncovered. Founded by Curtis Melvin, a postgraduate student at George Mason University, Virginia, it uses Google Earth, photographs, academic and specialist reports and a global network of contributors who have visited or studied the country. Mr Melvin says the collaborative project is an example of “democratised intelligence”. He is the first to emphasise that the picture is far from complete, but it is, until the country opens up, the best we have.

Palaces

The palatial residences of the political elite are easy to identify as they are in sharp contrast to the majority of housing in the deeply impoverished state. Though details about many palaces’ names, occupants and uses are hard to verify, it is known that such buildings are the exclusive domain of Kim Jong-Il, his family and his top political aides. Kim Jong-Il is believed to have between 10 and 17 palaces, many of which have been spotted on Google Earth:

1) Mansion complex near Pyongyang

This may be Kim Jong-Il’s main residence. His father lived here surrounded by the huge, ornate gardens and carefully designed network of lakes. Tree-lined paths lead to a swimming pool with a huge water slide, and next to the complex there is a full-size racetrack with a viewing stand and arena. There is a cluster of other large houses around the mansion, forming an enclosed, elite community. It appears to be reached via an underground station on a private railway which branches off from the main line.

The new technology is creating a new variant to the old saying:  you can run, but you can’t hide.  Tyrants can run their countries but they can’t hide their abuses.

We still have yet to figure out how to toss thugs like Kim Jong-il into history’s trashcan.  But better understanding their crimes is an important part of the process.

Doug Bandow • June 21, 2009 @ 4:18 pm
Filed under: Foreign Policy and National Security; Telecom, Internet & Information Policy

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. . . But What Is “Cyber”?

Cyberwar. Cyberdefense. Cyberattack. Cybercommand.

You run across these four words before you finish the first paragraph of this New York Times story (as reposted on msnbc.com). It’s about government plans to secure our technical infrastructure.

When you reach the end of the story, though, you still don’t know what it’s about. But you do get a sense of coming inroads against Americans’ online privacy.

The problem, which the federal government has assumed to tackle, is the nominal insecurity of networks, computers, and data. And the approach the federal government has assumed is the most self-gratifying: “Cyber” is a “strategic national asset.” It’s up to the defense, intelligence, and homeland security bureaucracies to protect it.

But what is “cyber”?

With the Internet and other technologies, we are creating a new communications and commerce “space.” And just like the real spaces we are so accustomed to, there are security issues. Some of the houses have flimsy locks on the front doors. Some of the stores leave merchandise on the loading docks unattended. Some office managers don’t lock the desk drawers that hold personnel files. Some of the streets can be too easily flooded with water. Some of the power lines can be too easily snapped.

These are problems that should be corrected, but we don’t call on the federal government to lock up our homes, merchandise, and personnel files. We don’t call on the federal government to fix roads and power lines (deficit “stimulus” spending aside). The federal government secures its own assets, but that doesn’t make all assets a federal responsibility or a military problem.

As yet, I haven’t seen an explanation of how an opponent of U.S. power would use “cyberattack” to advance any of its aims. If it’s even possible, which I doubt, taking down our banking system for a few days would not “soften up” the country for a military attack. Knocking out the electrical system in one region of the country for a day wouldn’t let Russia take control of the Bering Strait. Shutting down Americans’ access to Google Calendar wouldn’t advance Islamists’ plans for a worldwide Muslim caliphate.

This is why President Obama’s speech on cybersecurity retreated to a contrived threat he called “weapons of mass disruption.” Fearsome inconvenience!

The story quotes one government official as follows:

“How do you understand sovereignty in the cyberdomain?” General Cartwright asked. “It doesn’t tend to pay a lot of attention to geographic boundaries.”

That’s correct. “Cyber” is not a problem that affects our sovereignty or the integrity of our national boundaries. Thus, it’s not a problem for the defense or intelligence establishments to handle.

The benefits of the online world vastly outstrip the risks – sorry Senator Rockefeller. With those benefits come a variety of problems akin to graffiti, house fires, street closures, petit theft, and organized crime. Those are not best handled by centralized bureaucracies, but by the decentralized systems we use to secure the real world: property rights, contract and tort liability, private enterprise, and innovation.

Jim Harper • June 15, 2009 @ 11:05 am
Filed under: Foreign Policy and National Security; Telecom, Internet & Information Policy

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America Threatened as Never Before

The Justice Department is on the job.  Perceiving a dire threat against the American republic, they have acted to keep America safe.  As my colleague Sallie James noted yesterday, they are stealing confiscating the money of Internet gamblers.

Reports Richard Morrison of our friends at the Competitive Enterprise Institute:

Just when it seemed that those in power had begun to think about Internet poker in a positive light, the Department of Justice throws us back into the digital dark ages by seizing $34 million in funds rightfully owned by around 27,000 online poker players. The government is alleging that the funds are associated with illegal online gambling and money laundering.

In a letter sent to Alliance Bank, the prosecutor said accounts held by payment processor Allied Systems Inc. are subject to seizure and forfeiture “because they constitute property involved in money laundering transactions and illegal gambling offenses.” The letter was signed by Arlo Devlin-Brown, assistant U.S. attorney for the Southern District of New York.

Knowing that the federal government is busy violating our privacy and grabbing our money to save us from ourselves just makes one feel great to be an American

Doug Bandow • June 11, 2009 @ 9:02 am
Filed under: Regulatory Studies; Telecom, Internet & Information Policy

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Cyber Security “Facts”

National Journal’s “Expert Blog” on National Security asked me late last week to comment on the question, “How Can Cyberspace Be Defended?” My comment and others went up yesterday.

My response was a fun jaunt through issues on which there are no experts. But the highlight is the response I drew out of Michael Jackson, the former #2 man at the Department of Homeland Security.

It does little to promote serious discourse about the truly grave topic of cyber security threats to begin by ridiculing DHS and DOD as “grasping for power” or to suggest that President Obama has somehow been duped into basing his sensible cyber strategy on “a lame and corny threat model called ‘weapons of mass disruption.’” It shows ignorance of the facts to deny that cyber vulnerabilities do indeed present the possibility of “paralyzing results.”

Jackson neglects to link to a source proving the factual existence of “paralyzing” threats to the Internet — he’d have to defeat the Internet’s basic resilient design to do it. (Or he has collapsed the Internet, the specific way of networking I was talking about, with “cyber” — a meaningless referent to everything.) But the need for tight argument or proof is almost always forgiven in homeland security and cyber security, where the Washington, D.C. echo-chamber relentlessly conjures problems that only an elite bureaucracy can solve.

In another comment — not taking umbrage at mine, but culturally similar to Jackson’s — Ron Marks, Senior Vice President for Government Relations at Oxford-Analytica, says, “Cyberterrorism is here to stay and will grow bigger.” The same can be said of the bogeyman, but the bogeyman isn’t real either.

(To all interlocutors: Claiming secrecy will be taken as confessing you have no evidence.)

Jackson’s close is the tour de force though: “Good people are working hard on these matters, and they deserve our unwavering financial and personal support. For now and for the long-term.”

A permanent tap on America’s wallets, and respect on command? Sounds like “grasping for power” to me.

Jim Harper • June 9, 2009 @ 8:37 am
Filed under: Foreign Policy and National Security; Telecom, Internet & Information Policy

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