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Technology evolves so fast

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Legislation reacts so slowly

Legislation reacts so slowly

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  • 1. 2.11.2010 www.kasvi.org Technology evolves so fast Legislation reacts so slow Jyrki J.J. Kasvi Parliament of Finland, Committee for the Future
  • 2. Challenges
    • Politicians’ ICT literacy and enthusiasm varies greatly
      • Information society policies are not found politically important nor interesting by all
      • Some of the more experienced and influential politicians still live in the typewriter age
    • Legislative process is way too slow
      • e.g. the new Finnish modem hijacking prevention law
    • As ICT becomes ubiquitous, the digital divide evolves into an activity divide
      • ICT gives active people more opportunities to be active members of the society
      • ICT gives passive people more opportunities to be passive.
    • Net culture has been overlooked by press and politics
      • A whole Finnish generation was in Habbo and IRC Gallery before politicians or mainstream media noticed social media
      • Over 100.000 Finns played poker in Internet before...
  • 3. Some acute issues...
    • Internet and television
      • IpTV , YLE
    • Internet and (snail) mail
      • A withering public service
    • Infrastructure
      • Broadband, frequencies , IPv6
    • Internet governance
      • Cloud computing
      • Net neutrality
      • Content filtering
    • Social media
      • Amateur journalism
        • Limits to freedom of expression
        • Source confidentiality
      • User generated content
        • Crowdsourcing
    • Data protection
      • Identity theft crimes
    • Opening public data
      • Who pays the bills
    • Internet defence
      • Stuxnet
    • Accessibility
      • Internet and the elderly
    • Intellectual property rights
      • Copyright and DRM
    • Consumer protection
      • Broadband quality
      • ” free” services
      • Unfair EULAs
    • Digital civil rights
      • Privacy
      • Freedom of expression
      • Identity
  • 4. IpTV – a searing hot media potato
    • IpTV turns broadcast television into an on-demand cloud service
      • Tvkaista and voddler are just a humble beginning
      • Finnish legislation very carefully does not mention ipTV at all
    • Redistributes money and power
      • New players replace old ones not agile enough
    • Existing IPR contracts do not recognise ipTV
      • Pirates are the most popular service providers with best selection and service
  • 5.
    • Social media is as revolutionary as the printing press
      • Newspapers
      • Popular culture
    • Creates new media and new culture and changes societies
      • But how?
    Wikimedia Commons
  • 6. 19.5.2010 www.kasvi.org (Epä)sosiaalinen media Unsocial Media
  • 7. Unsocial Media
    • Social media brings out the worst in some people
      • The flame wars of the 1980's usenet
      • Many politicians have been forced to disable comments in their blogs and other social media
    • Social capital hasn't developed as fast as social media
      • Asymmetric faceless communication is psychologically challenging
      • Younger generations have already developed better manners in the web
    • Anonymity is essential for democracy
      • But the same laws apply as in any public speech
    • Resist the demands for tighter control of social media
      • Limitations to anonymity
      • Host's responsibility of discussion content
  • 8. Wikimedia Commons Memetic civil movements
  • 9. Go 2 EDSA. Wear Blck
    • Spontaneus self coordinated memetic civic movements can come and go within days
      • Viral messaging: An SMS ”Go 2 EDSA. Wear Blck” in 2001 was essential for the resignation of Estrada
      • Red shirts in support of Myanmar monks
      • Copyright law demonstrations in Finland
    • Politicians have trouble to address a leaderless self coordinating ”mob”
      • ” Who the f*** is machinating this?”
    • No wonder many governments fear social media
      • Iran, China, Myanmar, Saudi Arabia etc.
        • In Iran, twitter, YouTube and blogs have been essential
  • 10. Wikimedia Commons No leaders to arrest
  • 11. Open information society = Open API
    • In an open information society all public data and metadata are available to all through an open API for free.
      • API (Application Programming Interface) provides access to data in a machine readable format
    • Companies and citizens utilise the data to create their own services
      • From usage fees to tax income
      • Mashups of different data
      • People know best what they want
      • Open API facilitates also multidiciplinary public services
    • A new relationship between public information and privacy
    Wikimedia Commons
  • 12.  
  • 13. Wikimedia Commons Lost IPR business models
  • 14. Anne’s act 1709
    • In 1709 the first actual copyright law was enacted in United Kingdom
      • Defined the three interest groups whose relationships copyright laws still governs: content provider, publisher and consumer
      • Publishers had no right to limit the way consumers use the content they purchase, DRM would have been illegal in 1709.
      • It took 300 years from Gutenberg’s invention to get a law
    • The principles of Anne’s act worked for almost 300 years!
      • Requires small copying costs and centralised control
      • In digital world the copying costs are zero and each and every computer is a potential printing press
      • Now the change happens much faster than 300-400 years ago.
  • 15.
    • Media industry is facing a productivity leap corresponding to the revolution of the banking industry in the 1980/90's
    • Is Spotify going to be the ATM of media industry?
    Productivity leap for media: Only those who jump farther than the others survive. Is Spotify media's ATM? Wikimedia Commons
  • 16. Challenge and opportunity
    • Printing press created the basis for copyright system
      • Making of new copies of content is cheap
      • It is possible to centrally supervise and control copying
    • Newspapers and popular culture were born as a result
      • But the profession of scribes was wiped out
    • Digital technology requires new rules
      • It costs nothing to copy, edit and distribute content
      • It is impossible to centrally supervise or control copying
    • What new cultural phenomena digital technology makes possible?
      • Social media, crowdsourcing, …
      • Rip-n-mix & mash-up
      • ???
  • 17. Goals for a new copyright system
    • Of these we probably have a wide consensus
    • To maximise production and use of content – the expansion of culture
      • E.g. the original goal of the patent system was to maximise the distribution and use of new innovations – expansion of economy
    • To secure livelihood of content makers
      • What about benefits of media industry shareholders?
      • Production and marketing services used by content makers are also under threat
    • To facilitate new forms of content, expression and culture
      • Crowdsourcing, mash-ups etc. vs. copyright
    • Of means to achieve these goals we still need to discuss
  • 18. Cloud computing politics
    • Content, applications and computing are becoming on-demand cloud services
      • Optimises the use of computing resources
        • E.g. The U.K. G-Cloud is estimated to save £3.2 billion a year
    • Kindle, iPad etc. are doing the same to books and newspapers as Spotify did to music
      • TV channels may die but IP television services grow
    • The cloud does not respect national borders, but borders do matter!
      • When the client, the service provider and the server farm are on different countries, whose laws apply in whose court?
      • Data havens are already spawning
  • 19. Me myself and I
    • Identity theft is not a crime in Finland
      • Personal data of millions of people are missing around the world
      • In U.S., identity theft caused estimated €34 billion worth of damages in 2007.
    • Identification technology used has to be solid
      • 1:1.000.000 reliability is not enough if you identify millions of people every day.
    • Biometric identification data has to be kept safe
      • With biometric data you can pretend to be anybody
      • It is impossible to get a new fingerprint or DNA
      • Biometric passports spread our biometrics to every border station
    • Identity protection should become a new civil right!
      • We need a global agreement on data security
  • 20. U.S. Air Force photo New asymmetric warfare A U.S. Air Force drone providing intel for Taleban insurgents in Aftanistan.
  • 21. Asymmetric warfare
    • Asymmetric values, crises and conflicts
      • Global network cultures vs. Nation states
        • WWF Rainbow Warrior vs. French secret service
        • Al Qaida vs. Western world
      • Local conflicts spread around the world in the web
    • Asymmetric costs of cyber warfare
      • Attack is cheap, defense is expensive
      • A limitless number of targets to defend while a single security lapse is enough for the attacker
      • Even identification of the attacker may be impossible
  • 22. New targets
    • Military information systems
      • U.S. 1997: The Eligible Receiver military exercise
      • Irak 2003: ”If we run out of batteries, we are screwed”
      • Afganistan 2008: Taleban tapping on Predator video feeds
    • Internet infrastructure
      • Estonia 2007: Web War One
        • What if they had had an Internet election at the time?
    • Industrial infrastucture and defence industry
      • Iran 2010: Stuxnet
    • Data and information
      • Manipulation and destruction of public and corporate databases
      • Weakening the capability to make decisions and to act on them
    • Values and attitudes
      • Influencing people’s motivation and attitude
  • 23. New enemies
    • Originally teenage hackers
      • For fun and prestige (pranks, “accidents”)‏
      • Easy due to good-for-nothing security of the systems
    • Now it is well paid professional crackers
      • Orgnised crime (extortion, fraud, phishing, ...)‏
      • Activist movements (sabotage, information manipulation)‏
      • Nation states (development of Stuxnet cost millions of euros)‏
    • Terrorist organisations
      • Al Qaida has its own Internet forces creating and distributing tools for propaganda and recruitment, intelligence gathering, encryption and steganography and Internet attacks
    • Global corporations (industrial espionage)‏
      • Espcially defence industry has ties to national intelligence organisations
    • Military forces and national intelligence organisations
      • PLA of China (and Finnish army) have their reasons to use Linux
    • Crowdsourcing hacktivists
      • A major role in the 2007 attack on Estonia
  • 24. 19.8.2010 www.kasvi.org Sukupuolten välinen digikuilu? Discussion U.S. Army Photo