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It's a meager pleasure to indulge myself with ineffectual ranting. Posted by Seth Finkelstein at 11 49 PM Comments 2 July 18 2005 Government Commission Hearings On US Company's Censorship Collaboration The news article U.S. Tech Firms Help Governments Censor Internet summarizes recent events regarding complicity of US companies with totalitarian regimes. The most explosive aspect is potential violation of US laws by Secure Computing given that their censorware software "SmartFilter" is being used by the government of Iran - while allegedly without the company's knowledge the implications remain troubling. Much attention is devoted to the China controversies of Cisco and Microsoft. Notable quote "D'Amato said the U.S-China Economic and Security Review commission which reports to Congress hopes to put pressure on these companies by bringing them in for hearings soon. "I'm not so sure they'll come " he said. "They're running for cover." Now some tantalizing question are What specific US laws might Secure Computing be violating which specific government office is charged with enforcing them and who might have the power to issue a nice juicy subpoena to extract information rather than PR flackery So much opportunity and I have so little power ... - Update - excellent material in a comment below Posted by Seth Finkelstein at 07 31 PM Comments 1 July 12 2005 Secure Computing "SmartFilter" Iranian Censorship Defense Is Censorware Doesn't Work A further note on Secure Computing "SmartFilter" and Iranian Censorship Does it strike anyone as interesting that one of their PR defenses to a violation of US laws is in effect to claim that their censorware product does not work That is what is the business of a censorware company Keeping third parties from reaching content that an authority has determined is prohibited remember exact authority relationship is a social value not a technical matter . We have an authority - the US government - which has various laws against dealing with third-parties - such as the government of Iran. Now a censorware product is not a one-time acquisition but requires repeated downloading of the blacklist database. Let's look at the exact PR statement 1 We block update requests from IP addresses that we know originate in Iran. Now - " we know " Is it the case that say using an open proxy for access is enough to defeat the censorware company's ability to comply with US law or is it a matter of "Don't ask don't tell" with respect to what they know ... . Can we make a negative inference about their actual ability to enforce content control over sexual material in general given that they evidently plead they can't effectively comply with a specific legal obligation for a particular file of their own I wish someone had the ability to hold their feet to the fire on this matter of compliance with US law I sure don't . Perhaps through some Qui Tam -like private right of action I suspect Qui Tam isn't the exact method I cite it here just for the idea . Again it's not a crime to be a censorware company. But violating US export regulations or trade embargoes can be a serious legal matter. Posted by Seth Finkelstein at 11 44 PM July 11 2005 Iran censorship and SmartFilter censorware / Secure Computing A little while ago the OpenNet Initiative produced a report on censorware used by the government of Iran exposing that Iran used SmartFilter censorware . I've stayed out of the ensuing controversy since given the history of Secure Computing PR flack David Burt's tactics I'm more than happy that Harvard people get to tangle with him in pure unalloyed form. But since the issue has settled down now I'll summarize and add some references that won't be found anywhere else. A US company selling censorware to a totalitarian government is not a legal problem in itself. However selling to Iran in specific is problematic. So I will quote the company line "We sell to ISPs where the law allows. It's really up the customer how they use our software." And "Secure Computing has sold no licenses to any entity in Iran and any use of Secure's software by an ISP in Iran has been without Secure Computing's consent and is in violation of Secure Computing's End User License Agreement. We have been made aware of ISPs in Iran making illegal and unauthorized attempts to use of our software. Secure Computing is actively taking steps to stop this illegal use of our products. Secure Computing Corporation is fully committed to complying with the export laws policies and regulations of the United States. It is Secure Computing's policy that strict compliance with all laws and regulations concerning the export and re-export of our products and/or technical information is required. Unless authorized by the U.S. Government Secure Computing Corporation prohibits export and reexport of Secure products software services and technology to Iran and destinations subject to U.S. embargoes or trade sanctions." Further statements ... ONI responds with "The statement does not address whether automatic updates to block lists routinely made available to SmartFilter users by Secure Computing have also been made available to Iranian ISPs nor does it address the extent to which the adoption of SmartFilter and its updated block list for "non-profit and advocacy organizations" by additional governments such as Saudi Arabia see OpenNet Initiative Internet Filtering in Saudi Arabia in 2004 available at http // opennetinitiative.net/studies/saudi/ is part of Secure Computing's market." David Burt public relations manager for SC provides a statement on the charge 1 We block update requests from IP addresses that we know originate in Iran. 2 We sell to ISPs all over the world including the Middle East. Like most Internet security companies we do not disclose our customer list. Now in order to evaluate the likelihood of any truth in the censorware company's statements it's helpful to have a historical perspective. Such as an archived front page of Censorware Project discussing a Secure Computing press release This was a lie. Secure Computing then issued a misleading press release with that same lie which prompted us to take action. Which had a Slashdot article also in defense gee isn't it interesting when Slashdot's front page is used to publicly call people liars to help defend someone's report Anyway while it may be technically an ad-hominem argument I think the evidence as to credibility is clear. Though these days there's not much I can do about it . Posted by Seth Finkelstein at 09 46 AM Comments 2 July 01 2005 Note on GAO Peer-to-Peer Network Report vs. Censorware Research Ed Felten writes about "GAO Data Porn Rare on P2P Filters Ineffective" extensively analyzing "GAO-05-634 - File Sharing Programs The Use of Peer-to-Peer Networks to Access Pornography" To me the most interesting part oif the article was the conclusion The policy prescription here is clear. Don't mandate the use of filters because they don't seem to work. And if you want filters to improve it might be a good idea to fully legalize research on filtering systems so people like Seth Finkelstein can finish the job the GAO started. and echoed by Ernie Miller . Thanks guys ... it's a long weekend I'll leave it at that. Posted by Seth Finkelstein at 10 34 PM June 30 2005 "Who and Where are the New Media Gatekeepers " - IEEE DSO Greg Goth "Who and Where are the New Media Gatekeepers " IEEE Distributed Systems Online vol. 6 no. 7 2005. http //dsonline puter.org/portal/site/dsonline/index.jsp pageID=dso_level1_article TheCat= path=dsonline/0507 file=o7003.xml The questions surrounding who will ensure that online information remains accessible and authoritative have received much attention in recent months. Concerns range from European unease that a new book digitization partnership might result in an American-skewed repository of digital books to apprehension over the Chinese government's near-ubiquitous control of search engines and Web sites. This debate over ensuring freedom of access and accuracy of information and who will assume the role of gatekeeper has raised old problems in new technological contexts. I'm quoted How effective the unofficial bloggers' efforts will be in maintaining a window into China is a matter of debate among Western China-watchers. Longtime blogger and anticensorship activist Seth Finkelstein doubts that blogs alone will significantly alter the Chinese power structure. "There are always people who win some victories under the present system but I'm very much against technological determinism the idea that blogs are going to overthrow the government of China Finkelstein says. "The idea that suddenly technological change will give a huge advantage to one side is an extremely dubious proposition." Posted by Seth Finkelstein at 01 00 AM Comments 3 June 09 2005 Utah Censorware Law Challenge by ACLU-Utah CDT "The King's English v. Shurtleff" http // acluutah.org/pr060905.htm SALT LAKE CITY Citing free speech and interstate commerce violations a broadly-based group of Utah bookstores artistic and informative websites Internet service providers and national trade associations filed a federal lawsuit today challenging the constitutionality of a Utah law meant to restrict children's access to material on the Internet. ... The new law passed by the 2005 session of the Utah legislature has three primary components 1 Utah Internet content providers must evaluate and rate their speech at the risk of criminal punishment. 2 The Utah Attorney General must create a public registry of Internet sites worldwide containing "material harmful to minors" - speech that is unlawful to intentionally distribute to minors but that is constitutionally protected for adults. 3 It extends existing criminal restrictions on distribution of "harmful" materials to distribution on the Internet. Similar provisions have been uniformly held unconstitutional under the Commerce Clause and the First Amendment by federal courts across the nation. Text of lawsuit "The King's English vs Shurtleff" Anyone who knows the relevant Internet censorship court cases knows that this Utah censorware law was dead-man-walking the moment it was born. The only issue was how long it would take for the resources to be spent to put it out of its misery. Kudos for ACLU-Utah and CDT or doing so. Per my earlier "HB 260" post the coverage of this case from the Religious Right might be interesting. In terms of non-echoing I skimmed through the lawsuit to see what technical censorware research was used. Much material about "virtual hosting" where many website share the same IP address. It seems to flow from an earlier CDT case in Pennsylvania which makes perfect sense given that CDT is part of this case. On a personal note if anyone is inclined to be "helpful" and to suggest to me that I might find support here please abandon that idea immediately. Between certain issues of their staff and stories I haven't told it's not going to happen. Posted by Seth Finkelstein at 11 59 PM June 07 2005 Ex-Ex-Ex Domain And The Economics Of Domain Profit Let me clarify my focus on the subject of the "Ex-Ex-Ex Domain" laying out again how I'm analyzing it. The .XXX domain is an instance of ratings/labelling system and so intrinsically has all the civil-liberties issues which are generic to that class of systems Often not truly voluntary no matter what the PR potentially a marginalization tool useful more for the industry than the supposed users and so on. But considered as a ratings/labelling system .XXX is a particular crude and bad one. That's not just my activist/partisan opinion it's the opinion of professional censors who are saying it's not technically helpful in censorship "It won't make software filters any more effective" . From my perspective it's a standard scheme I call it "The Scarlet Letter" . The issues surrounding that sort of proposal are well-settled and unlikely to change the slightest whenever somebody comes up with it again as they will ... . The general ratings/labelling battle has been fought over far more complex efforts keywords "PICS" "RSACi" "ICRA" etc. So who wants it Not what could it be turned into but who wants it Follow the money . The first thing that happens when any new domain registrations begin is the landrush of speculators . People are going to be trying to register everything from sex.xxx to whitehouse.xxx to benedictxvi.xxx just on the off chance that they can resell it to someone else. Note registries make no profit whatsoever on domain resales - they make their profit on initial sales and renewals. From a registrar's point of view domain-name speculators are great customers. They tend to do bulk orders. They're sophisticated so they don't require a lot of hand-holding and technical support. They make good clients for various after-market services to manage their many speculative domains. And domain renewals are almost pure profit. So a bunch of speculators sitting on what they think might be very profitable names is a flock of golden geese for the farming. And golden they are because instead of the approximately one dollar or two dollar chump-change net profit margin for standard domains it seems we're talking around $50 profit - FOR EVERY NAME "We're In The Money" ... Posted by Seth Finkelstein at 11 59 PM Comments 1 Censors Against dot-XXX domain Continuing the analysis of dot-XXX "domain pornography" note the very strong statements of censors my emphasis CWA Says ICANN'S XXX Domain Should Be Canned Washington D.C. Concerned Women for America CWA says the plan by the Internet Corporation for Assigned Names and Numbers ICANN to create a XXX domain for Internet porn sites is an idea that should be canned because it creates more problems than it can possibly solve. ... "The only restriction on XXX domain participants is for any sexually explicit content to feature only adults but there's no requirement to block access to kids. It legitimizes pornography and makes it even easier for kids to find it. It won't make software filters any more effective " CWA's chief counsel Janet LaRue added. "People who equate this with zoning brick-and-mortar sexually oriented businesses are clueless about cyberspace and how it operates. "Most of the porn sites offer hard-core porn that is prosecutable under federal law. Giving them a XXX domain makes as little sense as giving illicit drug cartels a domain " LaRue concluded. Also heard from Family Research Council Voices Opposition to '.xxx' Domain Name "The '.xxx' domain also cloaks the porn industry with legitimacy. The industry will have a place at the table in developing and maintaining their new property". And Enough-Is-Enough quoted my emphasis "It's a nice little red-light district for the pornographers but I don't think it's going to do anything to protect kids " said Donna Rice Hughes president of the group Enough is Enough. "It's not going to make filters work any better ." When notable censors are saying very loudly essentially "THIS WON'T HELP US CENSOR" so they don't want it I tend to think that's useful to know. It's not dispositive. But a good rule of thumb all the same. Contrast this with censorware history where the Religious Right did "Filtering Facts" funding and well as interesting connections and the utility of the indicator should be clear. Posted by Seth Finkelstein at 01 34 AM Comments 6 June 03 2005 .XXX Domain Pornography Investigation Uncommon links Not a regurgitation like the zillions of other posts echoing this topic I'm terming the .XXX domain "domain pornography" as a pun on its denotation and connotation.While it's theoretically domain-name-FOR-pornography in practice it's domain-name-AS-pornography. That is people find the concept salacious in itself "red-light district " The above application really should be read to get a concrete sense of the agenda quot .xxx CHARTER The .xxx TLD is intended primarily to serve the needs of the global online adult-entertainment community. ... quot And here's the quot money quote quot pun intended quot In terms of possible domain name related litigation ICM and IFFOR believe that registrants may be better positioned to use an affirmative statutory defense in connection with prosecution under newly enacted US law. Under Section 108 of the Protect Act entitled Misleading Domain Names on the Internet aka Truth in Domain Names it is now a crime in the US to knowingly use a domain name to deceive a person into viewing obscenity or to knowingly using a domain name to deceive a minor into viewing material that is harmful to minors. However Section 108 further provides that for the purposes of this section a domain name that includes a word or words to indicate the sexual material on the site such as `sex' or `porn' is not misleading. quot In short it's clearly a way to extract rents from bona-fide pornographers in return for a weak certification against prosecution. Not a bad business plan since they managed to get ICANN on-board. The dot-XXX discussion is intriguing for the message from distinguished free-speech lawyer Robert Corn-Revere who's on retainer "Legal Protections for the Voluntary Nature of the .xxx Domain" . And also Usual Suspect Talking Head "WiredSafety and its WiredKids Cyberlawenforcement and WiredPatrol divisions" Parry Aftab's message . Follow the money follow the money follow the money ... Posted by Seth Finkelstein at 12 01 AM June 02 2005 .XXX Domain Approved The .XXX domain is now ICANN approved per an orgy of reporting . Before people get too hot and bothered it's more a pornographic titillation itself as opposed to hardcore action. Though it seems that the only result of my writing is unsatisfied self-gratification on the off chance there are some voyeurs out there who may derives some pleasure from legal exhibitionism I put forth the following for display Perversely commercial pornographers would remain relatively unaffected by the Communications Decency Act since we learned that most of them already use credit card or adult verification anyway. Commercial pornographers normally provide a few free pictures to entice a user into proceeding further into the Web site. To proceed beyond these teasers users must provide a credit card number or adult verification number. The CDA will force these businesses to remove the teasers or cover the most salacious content with cgi scripts but the core commercial product of these businesses will remain in place. ACLU v. Reno District Court decision The sites which will buy the XXX domains are the same sites which register for every blacklist and already want credit-cards. It's not about protecting-the-children. Rather this is a protection-racket selling compliance to sex sites. But let the domain pornography begin Posted by Seth Finkelstein at 12 01 AM June 01 2005 "The Net Effect" - On The Great Firewall Of China The Net Effect http // spectrum.ieee.org/WEBONLY/publicfeature/jun05/0605cnet.html "As China's Internet gets a much-needed makeover will the new network promote freedom or curtail it - By Steven Cherry IEEE Spectrum Online Highly recommended. But I'm biased How will censorship work with four different companies' products According to Seth Finkelstein a Cambridge Mass. network programmer and an expert on Internet censorship router-based censorship can and does take place at any point in the network. Each of the routers in the CN2 contract - in all three rings - can be expected to access a database of banned names and words either within the router itself or in a subsidiary server connected to the router. ... And in conclusion "The Internet is fairly centralized in the United States too " notes Finkelstein the Cambridge Mass. programmer. "Not for political reasons but for economic ones." It turns out that the largest Internet providers push all their packets of data through large regional routers connected to proxy servers that already examine packets for evidence of quality-of-service or other problems. "Our political system is vastly different from China's " Finkelstein says "but if we had a national panic if we felt we had to censor the Internet it's scary how easily it could be done. There's a famous saying 'The Internet considers censorship to be damage and routes around it.' I say what if censorship is in the router " Posted by Seth Finkelstein at 08 02 AM May 25 2005 Richard Clayton - "Failures in a Hybrid Content Blocking System" Richard Clayton sent me a notice about his new paper on BT's British Telecom " Cleanfeed " Failures in a Hybrid Content Blocking System http // cl.cam.ac.uk/users/rnc1/cleanfeed.pdf Abstract. Three main methods of content blocking are used on the Internet blocking routes to particular IP addresses blocking specific URLs in a proxy cache or firewall and providing invalid data for DNS lookups. The mechanisms have different accuracy/cost trade-offs. This paper examines a hybrid two-stage system that redirects traffic that might need to be blocked to a proxy cache which then takes the final decision. This promises an accurate system at a relatively low cost. A British ISP has deployed such a system to prevent access to child pornography. However circumvention techniques can now be employed at both system stages to reduce effectiveness there are risks from relying on DNS data supplied by the blocked sites and the system can be used as an oracle to determine what is being blocked. Experimental results show that it is straightforward to use the system to compile a list of illegal websites. It'll "be presented at the Workshop on Privacy Enhancing Technologies Dubrovnik Croatia 30 May 2005 1 June 2005 " and he say in email he'll also give a luncheon talk on the topic at the Berkman Center on June 7th. sigh ... . Posted by Seth Finkelstein at 05 35 PM May 24 2005 "Safe Eyes" follow-up As a follow-up to my Letter to Consumer Reports about ad violation by SafeEyes censorware my message to Consumer Reports has been read by a human who acknowledged it personally though evidently busy. Being overworked is entirely understandable and I'm just happy that my message was read at any level. In checking news articles since that Consumer Reports piece came out I've yet to find any news report which does any more than basically echo it . That's expected but still disappointing. Every once in a while I'm tempted to pull some material out of mothballs I don't want to be too specific so as not to completely tip off the "opposition research" - it's sort of amusing that there's at least one person who has it as part of his job to check on me . But as I've written it's been several turning-points down the road since I did that work. So to deal with temptation I just remind myself of what got me here "Get thee behind me censorware" . Posted by Seth Finkelstein at 11 59 AM May 20 2005 Historical not report N2H2 and secret ABORTION HOMOSEXUALITY categories Historical not a report - but 100.0% original content you will not find this anywhere else in the great bloviating blog mass of echoing and opinionating I guarantee it While I'm on the topic of censorware and religious connections especially of N2H2 censorware company this is a good time to mention one tale from the bowels of the censorware blacklist. When I first decrypted N2H2's blacklists one of the intriguing discoveries I made was the presence of additional blacklists labeled " ABORTION " and " HOMOSEXUALITY ". Important - these were not used in the ordinary retail product. They might have been a supplement or add-on used in Religious-Right contexts it was unclear as I joke I can't exactly call up technical support and ask them about these topics . But ... hmm It certainly meant something. But there wasn't any obvious way to do further investigation. I'm not counting this as a censored censorware report because I never could figure out how to put it all together to publishable material. More "one that got away". At a certain level the mere existence of the categories might be news. But since it was not verifiable by any means other than decryption and I had NO SUPPORT but plenty of attacks there didn't seem to be any way of having it matter. Posted by Seth Finkelstein at 04 48 PM Comments 2 May 19 2005 Letter to Consumer Reports about ad violation by SafeEyes censorware Lis Riba made some great constructive suggestions such as that I write Consumer Reports about a potential violation of their ad policy by the censorware "Safe Eyes" thanks . This is what I've now sent to Consumer Reports. Date Thu 19 May 2005 17 27 42 -0400 From Seth Finkelstein lt sethf at-sign sethf gt To nocomm at-sign legal.consumer.org Subject Report an ad violation - Safe Eyes website Dear Consumer Reports According to your policy quot Our Ratings reports and information are intended solely for the use of our readers. Neither the Ratings nor the reports nor any other information nor the name of Consumers Union or any of its publications may be used in advertising or for any other commercial purpose including any use on the Internet or mention in any press releases or newsletters in print or electronic form. quot I would like to bring to your attention that the product Safe Eyes currently advertises on their website see attached quot Safe Eyes 2005 Rated The #1 Internet Filter Independent and unbiased testing by the leading consumer reporting publication confirms what our customers already knew....Safe Eyes is the best. quot In one version of the site with quot Flash quot that passage then refers to the URL see link - omitted from post text because of formatting issues Which is the quot Ratings Filtering software quot report. Note again that the use of quot Flash quot animation may not be obvious depending on browser configuration if you see a big blank white area the browser is not configured properly . The URL for the most elaborate version of the site is http // safeeyes /flash.htm One version of the text above is in an image see http // safeeyes /images/Site03/Independent_Testing.jpg Please feel free to contact me if you need further elaboration in enforcing that quot Consumers Union will take all steps open to it to prevent commercial use of its materials ... quot . 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