Internet Regulation and Management from Peter Milford Associates
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  • The ISPAs 2010

    Posted on July 10th, 2010 pmilford No comments

    Thursday night (8th July) was a glittering night for the Internet industry - the annual ISPA Awards bash at the Marriott Hotel in Grosvenor Square. After all the testing and all the submissions it was time to hear the judges verdict.

    The awards are the Internet industry’s chance to recognise good practice and good performance. Over the last 12 years they have changed with new categories and new means of assessing performance in the ISP Division. The ISP Division recognises best practice across hosting, customer service, consumer and business broadband etc. The Times noted that the ISPAs were, ‘The awards that could have the most direct bearing on your life’ and the Daily Mirror called it, ‘The Internet event of the year’. Whatever, it is without doubt keenly awaited by those in the industry and keenly commented by customers and others.

    Congratulations to all those who won. The Crusher was pleased to see the team at NewNet picking up another piece of acrylic to add to the two previous awards - this year in the class of Best Dedicated Hosting. Well done to the NewNet team and to all those who won in the ISP Division.

    But, it is the Special Awards that arise more interest. New categories here for digital inclusion (Bolton Literacy Trust) and for Internet Safety (Childnet), Access Innovation (The Alston, Cumbria, CyberMoor project with a special commendation to SW Internet CIC) and Corporate Social Responsibility (Orange).

    At the end of the evening there are two awards that evoke much wider interest - the Internet Hero and the Internet Villain award. Now, in years past The Crusher was pleased to nominate someone who was then awarded the Internet Villain prize so there is always a little more than minor interest here.

    What was interesting this year was that both awards recognised different sides of the same thing - the passage through Parliament of the Digital Economy Bill to become the Digital Economy Act. ISPA Council members bestowed the Internet Hero Award upon Tom Watson MP for leading the opposition to the parliamentary fight against the Digital Economy Bill and continuing the campaign to ensure an informed approach to the Act. Well done Tom - your actions in the House of Commons and your speech in the final parts were an inspiration and made it clear that there was not a common cross-party consensus.

    The passage of the Digital Economy Bill was fraught and was not helped by changes being made during the consultation period and then by inclusion within the final ‘wash-up’ stages before the end of the parliamentary session and the General Election. There were a number of nominations for the Internet Villain award, all in their own right quite worthy recipients, but in the end, the winner was a shoe-in for the award. It was the Dark Lord himself, Lord Mandelson, formerly Secretary of State for Business and Skills, who had steered the Digital Economy Bill through the various processes. The change that was made during the consultation phase coincided with a weekend meeting with a major rights owner and the final stages were a sham, forcing through legislation that was deeply unpopular and which made fundamental changes to the due process of law.

    So, a worthy villain. Sadly, Lord Mandelson was not available to collect his award in person. What a shame - would have been a great appearance and a great acceptance speech!

    The new coalition governement has now invited the public to suggest law that should be removed, replaced or amended. Inviting the public to comment is always a risk (a request to introduce a law ‘to allow me to marry my horse’) but sometimes shows popular unrest and resentment. No surprises really to see that some of the largest number of comments and requests related to repeal of the Digital Economy Act. So, it is over to you government, you asked and now you have been told. DEA must go!

  • Joined up thinking?

    Posted on October 17th, 2009 pmilford 1 comment

    The Parliamentary Internet Conference held at Portcullis House, House of Commons, on 15th October was an interesting day - not just an opportunity to hear Ed. Richards (CEO Ofcom), Martha Lane Fox, Stephen Timms and others but also the opportunity for the All Party Communications Group (apComms) to release its report into its inquiry, ‘Can we keep our hands off the net?’

    apComms called for evidence and submissions over the summer (during the Parliamentary recess - a period that most people link with lack of work and extra long foreign holidays for our elected servants) and has now put together a report and a series of key recommendations. There are 11 recommendations on a wide range of topics, from Privacy to dealing with illegal (or ‘unlawful’ as the noble Lord, the Earl of Erroll corrected) file sharing, from behavioural advertising to eSafety tuition in schools.

    But, The Crusher was rather taken with two recommendations that appear to be at opposite ends of an argument.

    There has been much discussion about the likelihood of Government mandating the filtering of child abuse sexual imagery at the network level by ISPs. In 2007, Ministers set a target of 100% consumer broadband circuits to be filtered - so far that target has not been reached although there is suggestion that the proportion of consumer circuits that are now subject to filtering is in the mid to high 90s% range.

    Recommendation 7 is that the Government does not legislate to enforce the deployment of blocking systems based on the IWF lists. This has the potential to damage future attempts to fix problems through self-regulation and will thus, in the long term be counterproductive.

    The thinking here is that all major ISPs already block access to child abuse images and that any action to force others to take action will be counterproductive as it militates against attempts to find self-regulatory solutions to other problems.

    OK, that is fairly clear although there may be some issue with the perception of the extent of current filtering practice. Whilst the number of consumer circuits with filtering in place may be in the mid to high 90% range, these may well be as a result of the actions of fewer than 10 large ISPs. The Crusher understands that the number of ISPs currently implementing child abuse filtering may well only be in the order of 20 to 30 - with some 270 plus mainly medium to small ISPs not currently implementing any form of network level filtering.

    The report then goes on to consider the problem of malware infected machines. Now machines that are infected with malware makes them likely to become part of a large scale ‘botnet’ and potential distributed sources of junk email and denial of service attacks. The problem is that the infected machines are not on the ISP network and are machines owned and used by end users who may have greater or lesser understanding of the security implications or needs of always on broadband Internet connectivity.

    Recommendation 10 is that there should be a voluntary code for ISPs relating to the detection of and effective dealing with, malware infected machines in the UK. If this voluntary approach fails to yield results in a timely manner, then Ofcom should unilaterally create and impose sich a code on the UK ISP industry.

    The report notes that ISPs have systems in place to proactively filter incoming junk mail but do not take actions to filter outgoing junk. The report continues, ‘a reduction in compromised end user machines is essential to make the Internet a dafer place, so the ISPs need to act voluntarily as a group to improve the situation ….. if the ISPs cannot voluntarily agree to act, the report sees Ofcom as the appropriate regulator to impose a compulsory regime.

    Interesting stuff. Filtering out material from infected machines will not be easy and will not be cheap - so additional development and application costs for the ISP (and, ultimately the end user). But, note the sting in the tail here - if self-regulation does not work then a compulsory regime should be imposed.

    The Crusher sees some lack of joined up thinking here. On the one hand the report suggests that mandatory child sexual abuse imagery filtering should not be applied as it militates against self-regulation in other areas - and then recommends a compulsory regime for filtering the output of malware infected machines, albeit in the event of a failure of self-regulatory approaches.

    The Crusher is intrigued: a self regulatory approach has seen pretty well all ISPs implement filtering to identify and remove incoming junk mail and virus infected items. For most that has been a commercial decision but there is undoubtedly a cost for the ISP. Self regulation is now being proposed to require ISPs to filter and remove outgoing junk and infected items. There may also be actions in relation to unlawful (thank you Merlin!) file sharing. But, the one thing that is illegal is to view child sexual abuse imagery (it is a Criminal offence under the Sexual Offences Act to view obscene images of children) - there is self-regulation but mandatory filtering is not recommended. Yet it is for dealing with malware - and as far as I am aware it is not yet a criminal offence to leave one’s Internet connected computer unsecured, without anti-virus or firewall protection.

    The apComms group seems to have have worked on elements individually and with application of specific evidence - but the linkage of items from one part to another seems to have failed. Joined up thinking in the final output would have been helpful.

    The full copy of the apComms report can be found here