Author Archives: Michael Froomkin

Reminder: Jotwell Conference Submission Deadline is Tomorrow

Legal Scholarship We Like And Why It Matters” is the subject of Jotwell’s 5th Anniversary Conference. If you’d to participate, we need your paper proposal.

The submission deadline is tomorrow, May 20th.

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IETF’s Habermasian Resolve to Work Against Pervasive Monitoring

The IETF has issued RFC 7258, aka Best Current Practice 188, “Pervasive Monitoring Is an Attack”. This is an important document. Here’s a snippet of the intro:

Pervasive Monitoring (PM) is widespread (and often covert) surveillance through intrusive gathering of protocol artefacts, including application content, or protocol metadata such as headers. Active or passive wiretaps and traffic analysis, (e.g., correlation, timing or measuring packet sizes), or subverting the cryptographic keys used to secure protocols can also be used as part of pervasive monitoring. PM is distinguished by being indiscriminate and very large scale, rather than by introducing new types of technical compromise.

The IETF community’s technical assessment is that PM is an attack on the privacy of Internet users and organisations. The IETF community has expressed strong agreement that PM is an attack that needs to be mitigated where possible, via the design of protocols that make PM significantly more expensive or infeasible. Pervasive monitoring was discussed at the technical plenary of the November 2013 IETF meeting [IETF88Plenary] and then through extensive exchanges on IETF mailing lists. This document records the IETF community’s consensus and establishes the technical nature of PM.

The term “attack” is used here in a technical sense that differs somewhat from common English usage. In common English usage, an attack is an aggressive action perpetrated by an opponent, intended to enforce the opponent’s will on the attacked party. The term is used here to refer to behavior that subverts the intent of communicating parties without the agreement of those parties.

The conclusion is simple, but powerful: “The IETF will strive to produce specifications that mitigate pervasive monitoring attacks.”

I can’t help but see this as a shining example of the IETF living up to its legitimate-rule-making potential, as I described in my 2003 Harvard Law Review article Habermas@discourse.net: Toward a Critical Theory of Cyberspace.

Below, I reprint my abstract: Continue reading

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Remember Guantanamo? Some People Hope You Don’t

Scott Horton has an important article at Harpers about three so-called suicides at Guantanamo in 2006.

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Annals of Weird Marketing

Hello,

My name is Devin. I am an online website optimization consultant for small to medium size businesses. I came across your website www.discourse.net and have noticed that there are many things that can be improved on your website to help you rank better in the search engines and ultimately drive more traffic to your webpage. Currently you have a page rank of 2nd position of 5th page for the Keyword – Balance of Miami-Dade House Painter – this can be improved very quickly. I will be happy to review your site in more depth for and give you a free quote on how you can improve your traffic, which will ultimately give you more online visibility, increasing your revenue.

Balance of Miami-Dade House Painter? Really? Someone has written a program to send ads touting SEO services and that is the best they can come up with?

PS. After this post, I bet I make the 4th page for “Balance of Miami-Dade House Painter” at least! And without paying a penny!

Posted in Discourse.net | Comments Off on Annals of Weird Marketing

Intimidating Critics Is an International Governmental Phenomenon

This British police intimidation of a blogger is much less heavy-handed than the hammer the Mayor of Peoria brought down on a parody Twitter account.

The Cambridge, UK story is, however, creepy insofar as it could be read to suggest that the police support the far-right UKIP party. Then again, the UKIP complainant was a local councillor, so maybe it really is the somewhat-less-unkind UK version of the Peoria story. After all, in Cambridge, no property was damaged or seized or destroyed. And no judges signed off on spurious warrants either.

Posted in Civil Liberties, Law: Free Speech, UK | Comments Off on Intimidating Critics Is an International Governmental Phenomenon

Inevitable

Anti-surveillance mask lets you pass as someone else

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