Tag: law

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iSpy: Talking total surveillance at Sydney Writers’ Festival

Here’s the complete audio recording of last weekend’s panel discussion iSpy at the Sydney Writer’s Festival with Tommy Tudehope, me and moderator Marc Fennell.

Even before Google controversially demolished the privacy walls between its various products, we were already living in the total surveillance society. With every keystroke we are voluntarily telling companies, governments and heaven knows who else an awful lot about ourselves. Should we be worried about the uses to which this information could be put?

The panel was originally inspired by my Sydney Morning Herald op-ed You are what you surf, buy or tweet, and I thought we’d also talk about some of the issues I raised in my more recent ZDNet Australia story The Facebook experiment.

But we covered a lot more, including research by Sophos that showed around 50% of people would automatically befriend anyone on Facebook, the progress of the Cybercrime Legislation Amendment Bill and the Council of Europe Convention on Cybercrime, the fact that The Greens’ Senator Scott Ludlam seems to be the only Australian politician paying attention to this stuff, using TOR to help make your web browsing anonymous, the surveillance policy split between the NSA and FBI, anonymous currencies like Bitcoin and Canada’s MintChip, Electronic Frontiers Australia, the Pirate Party Australia, Georgie Guy’s blog, and data mining company Acxiom — which in the recording you’ll hear me misspell as “Axxiom”.

Podcast: Play in new window | Download (Duration: 58:16 — 39.4MB)

The recording was made using my Zoom H4n sitting mid-way between me and Mr Tudehope, so Mr Fennell is off in the distance somewhat. But at least we have a recording.

If there are any issues you’d like to follow up, well, please post a comment.

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Weekly Wrap 99: Perth, privacy and poor photographs

My week from Monday 23 to Sunday 29 April 2012 covered the entire continent from Sydney to Perth and (at least later today) back again.

That’s Perth in the photo, with the Swan River just visible between the apartment buildings of East Perth. The photo was taken with my bashed-up HTC Desire phone and processed through Instagram.

Heck, if Zuckerberg reckons it’s worth a billion dollars I might as well have a look, right?

I’ll comment on Instagram itself later, and figure out a better way to integrate the photos into this website. Meanwhile, here’s a gallery of my Instagram photos, updated automatically.

And now on with the show…

Podcasts

  • Patch Monday episode 135, “iiNet wards off AFACT, but what next?” A summary of the High Court’s decision in Roadshow Films and others versus iiNet Limited, the initial reactions, and a wide-ranging discussion with Dr Rebecca Giblin, a copyright academic and geek from Monash University’s law school, who literally wrote the book on this subject: Code Wars: 10 Years of P2P Software Litigation. Keywords for the other things we mention are SOPA/PIPA, peer-to-peer production,

Articles

Media Appearances

Corporate Largesse

  • I wasn’t paid to present at DigitalMe, they did cover travel from Sydney to Perth and one night’s accommodation at Aarons Hotel including breakfast. Wine by Brad provided booze for the welcome drinks, as well as a bottle to take home. Food was supplied by Sorrento Restaurant, Northbridge.

The Week Ahead

A busy week of writing lies ahead, including a story for CSO Online and my presentation for the Saasu Cloud Conference the following week. I’ll also continue work on the feature story I’m writing for ZDNet Australia

I believe I’ll be back in Wentworth Falls for most of the week, but this could change at short notice. The Dopplr widget on the left-hand side of every page of my website is usually updated within an hour of plans changing, so always check there first — but bear in mind it has odd ideas of what day it is.

Elsewhere

Most of my day-to-day observations are on my high-volume Twitter stream, and random photos and other observations turn up on my Posterous stream (or they used to before my phone camera got a bit too scratched up). The photos also appear on Flickr, where I eventually add geolocation data and tags.

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Talking the Optus TV Now appeal on ABC Local Radio

In February the Federal Court ruled that Optus TV Now, which recorded free-to-air TV on behalf of customers for more convenient playback later, was legitimate personal timeshifting as allowed under section 111 of the Copyright Act 1968. Yesterday the Full Federal Court overturned that decision.

This case has interesting implications. Originally, Justice Steve Rares said, effectively, that someone using a recorder-in-the cloud was still making a personal copy for domestic purposes. The fact that they’re using a recording device that’s provided as a service rather than sitting on the shelf under their television is irrelevant. The Full Court is saying, effectively, that the cloud provider is complicity in the action, which means it’s no longer personal, and in some cases may even be the sole actor.

This interpretation could have massive implications for providers of other cloud services. Could they be found to be copying data that they’re not entitled to? I’m no lawyer, so don’t ask me. But I can at least see that the law is having to deal with situations that are very different from the circumstances imagined when it was written.

Paragraph 100 of the Full Court’s decisions does say:

We should emphasise that our concerns here have been limited to the particular service provider-subscriber relationship of Optus and its subscribers to the TV Now Service and to the nature and operation of the particular technology used to provide the service in question. We accept that different relationships and differing technologies may well yield different conclusions to the “who makes the copy” question.

Will this decision be appealed? You bet.

Last night I spoke about the decision and its implications with Dom Knight on ABC Local Radio nationally — well, except for the analog transmitters that were broadcasting the cricket. I also spoke about the material I presented yesterday at DigitalMe in Perth.

Podcast: Play in new window | Download (9.9MB)

[Update: I just noticed that there’s a couple of little audio gaps. I was recording off the stream, y’see. I’ll fix them later.]

Personally, I stand by what I said in the opinion piece I wrote for the Sydney Morning Herald in February: Sport has to think outside the box.

If you’re in Perth today, the DigitalFamily event starts at 1000 local time at Northbridge Piazza. It’s free.

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

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Talking the #iiTrial decision on ABC 702 Sydney

The big internet-related story in Australia today was the High Court’s decision in the so-called #iiTrial. I wrote the lead story in Crikey — read that now for the facts and my analysis — and just spoke about it on ABC 702 Sydney.

The High Court decided, as outlined in its summary [PDF], that internet service provider iiNet was not responsible for the copyright-infringing acts of its customers. But as explained in their full decision, that decision was based on “all the facts of the case”. That is, things might have turned out differently had the Australian Federation Against Copyright Theft (AFACT) or iiNet handled things differently. We’ll never know.

Since I wrote for Crikey, my ZDNet Australia colleague Josh Taylor has been tracking the reactions. I daresay there’ll be more to come across the weekend.

Now when I spoke to the ABC’s Richard Glover just after the 4pm news this afternoon — that’s the audio you’ll hear here — the scene was set first by Glover’s slightly-misleading introduction involving pubs and then AFACT’s managing director Neil Gane. So I was working within that framing. I’m not sure how well I did.

Podcast: Play in new window | Download (13.1MB)

Obviously time was limited. Had I had more time to speak, I would have said:

  • We do keep talking about the experience of the music industry, but that’s because they’re further down the path of replacing traditional distribution mechanisms with the internet. It might be worth the film and TV industries having a look at that and seeing what they can learn, rather than just being in denial.
  • Yes, the economics of making a big blockbuster movie are very different from making a music album. But the film industry decided to take the blockbuster path with all the expensive hangers-on that that business model entails. No-one is forcing them to do it that way.
  • With distribution costs tending to zero, those who run the traditional distribution models need one heck of a lot better argument to justify the amount of money they charge than “Oh no, it’s all different now”.
  • They talk about the industry being in decline, but that’s because they only count themselves. As a totality, people probably spend more on entertainment than they ever have done. It’s like the Myer and David Jones and Harvey Norman stores whinging about the decline of retail. No, retail overall is doing just fine. The bit that’s failing is them — the people doing things the same old way and not adapting to the change.
  • No business model has a right to exist. Maybe the age of big movies and big TV productions is over. It wouldn’t be the first time a form of entertainment had died because it was no longer viable, and it wouldn’t be the last.

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

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cPanel reconsiders EULA acceptance process

Earlier this month I was less than impressed with cPanel, who sprung a new end user license agreement (EULA) on me and expected me to agree on the spot. I’m pleased with their response.

The other day I received a formal reply from their vice president of operations, Aaron Phillips, which I’m only posting today because I’ve been distracted:

I have been in discussions with our admin and legal teams today about your concerns. Currently, we are considering changes to the deployment procedures that should allow clients and owners of cPanel licenses more time to review updated agreements prior to their releases. The technical details have not been worked out, however, we are discussing solutions that will increase the amount of notice that will be given without a significant increase in administrative overhead for our customers.

We apologize if you have incurred any problems from cPanel’s procedures. While we do not have any immediate solutions to your particular situation, your comments and suggestions are taken very seriously and a new protocol will be developed to make the process easier for everyone in the future.

Please let us know if you have any additional questions or comments.

And my response to Mr Phillips is simple. Thank you very much. I completely understand that procedures and the software that implements them can’t be changed overnight, and it’s pleasing to see that the matter was taken seriously — rather than an angry rant from a crank.

If only more software vendors took the same attitude, rather than dictating terms to their users…