Tag Archives: networks

Rule 41 and Digital Privacy Rights

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Photo of wooden gavel on a black computer keyboard.Proposed changes to Rule 41 of the Federal Rules of Criminal Procedure would allow a judge to authorize a search and seizure outside of their jurisdiction. For example, a Massachusetts judge could authorize a search in Alaska or even in a foreign country. This would mainly apply to government electronic hacking efforts into computers and computer networks. The changes have been approved by the Supreme Court and will go into effect on December 1 unless challenged by Congress.

I believe this is a slippery slope that threatens the Fourth Amendment protections against unreasonable searches and seizures. What are the implications of this possible erosion of privacy on our own computers and networks?

The Fourth Amendment

The Fourth Amendment was added as part of the bill of rights in 1791 and deals with the search of homes and private property without a properly executed search warrant. It stems from the almost unlimited powers granted to British tax collectors to search homes and property for contraband that wasn’t being returned to King George in the form of taxes. Those who drafted the Fourth Amendment could not foresee 21st century technologies and interconnected systems. At issue now is whether a warrant can be issued remotely and whether one warrant can be issued for hundreds or even thousands of systems through surveillance and hacking.

No Expectation of Privacy

Senior U.S. District Judge Henry Coke Morgan Jr. recently ruled, “people should have no expectation of privacy on their home PCs because no connected computer ‘is immune from invasion.’” This is a ruling associated with a case of government takeover and surveillance of a site on the dark web for the purpose of collecting networking information of visitors. One warrant was issued for many searches, including those outside of the United States. The judge in this case argued that even that one warrant was not necessary because the defendants were engaged in illegal activity and took measures to hide those activities behind the anonymity of the dark web.

Digital Rights

Advocates such as the Electronic Frontier Foundation are challenging this ruling and filed an amicus brief in this case, but to no avail. My main question is how much privacy should we expect on our personal systems and in our transactions on the web? This case maintains that because there are so many hacking attempts we should have no expectation of privacy, even from our government. This seems like a spurious argument at best. I have written before about the notion of geographical boundaries and how those boundaries are disappearing as we engage in more electronic transactions. This case and the proposed changes to Rule 41 only accelerate the dissolution of boundaries.

Thoughts

My aim is to make you aware of the activities and rulings that could affect your right to privacy, particularly digital privacy. Is there cause for concern? Let me know your thoughts.

Author Kelly BrownAbout Kelly Brown

Kelly Brown is an IT professional and assistant professor of practice for the UO Applied Information Management Master’s Degree Program. He writes about IT and business topics that keep him up at night.

Technology in the Air

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Photo of modern airplane flying on autopilot.In light of upcoming summer vacation plans, I want to look at how technology works behind the scenes to keep us safe and comfortable as we travel. Recently I was on a plane and, as I often do, I looked in the cockpit at the instruments. I was amazed at the array of gauges and computer screens available to the pilots. How far have we come in the last 100 years in terms of technology in a plane? Is it better for the pilot? Is it safer for the passengers?

Electronic Flight Bag

My son is taking flying lessons and his flight bag seems to get heavier by the day. Every pilot takes a similar bag into the cockpit and it carries flight maps, aircraft operating manuals, and other documentation. Fortunately, an electronic flight bag has been developed that allows pilots to download maps and other useful information to a tablet. The iPad seems to be the tablet of choice for pilots and can be updated at airports or real time through wireless 4G. They can also hold apps such as weather maps, FAA updates, and GPS navigation aids. Such technology makes critical information much more accessible to the pilot.

Passenger Entertainment

There are many networked systems running in a plane, including the navigation systems, the point-of-sales systems for purchased food and beverages, and the passenger entertainment systems. On top of that, wi-fi has been added to many flights. It is a miracle that it all works and is a testament to good systems architecture and a robust network. I flew overseas last year and the plane had a seatback entertainment system with what appeared to be an endless array of music and movie choices. More recently I flew with a small airline that rented tablets connected wirelessly to an on-board server, with movies and in-flight entertainment. The options continue to grow as airlines try to differentiate themselves and become more sophisticated in their technology offerings.

Who’s Flying the Plane?

I read about the advent of driverless cars, but will we see a pilotless passenger plane anytime soon? Drones are available now that can take payloads that range from cameras to missiles. Passenger planes have autopilot, which can be used once the plane is in the air, but a human still takes off and lands. In a recent article, experts speculated on future technology that could possibly push pilots out of the cockpit. This debate has intensified since a German pilot deliberately crashed an Airbus A320 into a mountain last month. Completely remote aircraft management is being researched. In fact, remote control airports are already in use in Sweden and are being considered in other locations. The question I ask myself is do I trust the plane to a pilot or a programmer?

Thoughts

If your travels take you on a plane this summer, I hope you will appreciate the technological changes that have come to the airline industry, both for your safety and comfort and to help those charged with getting you safely to your destination.

Author Kelly BrownAbout Kelly Brown

Kelly Brown is an IT professional and assistant professor of practice for the UO Applied Information Management Master’s Degree Program. He writes about IT and business topics that keep him up at night.

Is The Network Really Neutral?

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shutterstock_47033419There has been a lot of noise lately about net neutrality in the United States, but I have been wondering: how about neutrality on the rest of our planet? We become focused on our problems, or potential problems, and often forget that we are not the only players in this game. The Internet is not used or owned exclusively by the US but also by the rest of the world, including China and Third World countries. How do they view net neutrality or are we making much ado about nothing?

Definition

This is the best definition that I have found for net neutrality:

“Simply put, net neutrality is a network design paradigm that argues for broadband network providers to be completely detached from what information is sent over their networks. In essence, it argues that no bit of information should be prioritized over another. This principle implies that an information network such as the Internet is most efficient and useful to the public when it is less focused on a particular audience and instead attentive to multiple users.”

Just as the telegraph network of the 1800s and the telephone and electrical networks of the 1900s were and are neutral, the argument is raised that the Internet should follow suit.

What Is Different in 2014?

The term “net neutrality” was coined over ten years ago and is based on the early operating principle of the Internet that the network would be open equally to all. In December 2010, the Federal Communications Commission (FCC) tried to codify that accepted policy by creating the “Open Internet Order”. The flaw was that they were using the same playbook developed to regulate telephone companies. Internet providers, however, are classified as “information carriers,” not “communication carriers”. Verizon challenged this order in 2011 and the courts finally threw out the Open Internet Order this month, based on the fact that the FCC did not have jurisdiction to create that order. Suddenly, the term net neutrality is back in vogue and back in tweets.

Is The Rest of the World Open?

I was curious as to whether the rest of the world enjoys open Internet, regulated Internet, or tiered Internet. Tiered Internet is the doomsday scenario when Internet service providers charge customers and content providers a premium for higher bandwidth applications. This is the fear of the absence of regulated open Internet. In researching this question I came across a lot of theories and conjectures at both ends of the spectrum, but not a lot of straight answers. Just as the United States is trying to get a handle on how free the Internet should be, other countries are asking similar questions. The International Telecommunications Union (ITU), which is an arm of the United Nations, held a conference in December 2012 in Dubai, United Arab Emirates. At that conference, there was an attempt to float an international telecommunications treaty, but unlike many smaller countries, the US, Canada, and the UK refused to sign the treaty. This was a failed attempt to give more regulatory power over the Internet to the United Nations through the ITU. The next conference will take place in October this year in Busan, South Korea; it is assumed that a similar vote will come up again.

My Thoughts

It is not only the United States that is struggling with how or whether to regulate the Internet, the same scene is being played out on the international stage. The European Union is talking about it, China is talking about it, and South American countries are talking about it as well. They all are struggling to understand how to protect themselves from corporate interests or even from their neighbors, while ensuring that the citizens continue to enjoy unfettered access. My take is that Internet 3.0 will require a sizable investment in infrastructure, and if we want to continue to enjoy increasing access and options, we have to be talking about where those funds will be coming from.

Do you have an opinion on the current net neutrality debate? Let me know.

Author Kelly BrownAbout Kelly Brown

Kelly Brown is an IT professional, adjunct faculty for the University of Oregon, and academic director of the UO Applied Information Management Master’s Degree Program. He writes about IT and business topics that keep him up at night.