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Tuesday, February 28th, 2006
Volume 5, No. 3
3 Articles, 13 Pages
3. Mineral Levels In Meat and Milk Plummet Over 60 Years
BY
DEVANIE ANGEL
It
looks fairly innocuous, a metal-and-plastic square with wires
coiled up like an angular snail, a lot like the anti-theft tag
you'd find if you pried apart a book you'd just bought at a chain
store. But it's a Radio Frequency Identification tag, RFID for
short, and each one has a tiny antenna that can broadcast
information about the product, or person, to which it is
attached.
To
the industry that makes and markets RFID, it's simply the next
logical step from bar codes: providing a cheap, easy way to keep
products on the shelves, consumers happy and companies making
money.
But
to many privacy-rights advocates, RFID tags could be the
forerunner to nightmare scenarios in which RFID technology is the
Trojan horse that brings Big Brother into your home, snooping
through your medicine cabinets, fridge and underwear drawer to
find out what you do, buy and believe, and, ultimately, what you
are.
This
small tag has, so far, largely flown under the radar of consumers
and the mainstream press. But in early October, privacy-rights
advocates Katherine Albrecht and Liz McIntyre published a book,
"Spychips: How Major Corporations and Government Plan to
Track Your Every Move with RFID," that has RFID proponents
on the defensive.
The
book holds up plenty of evidence to back up the fears of people
who otherwise might be written off as tinfoil-hat-wearing
conspiracy theorists: IBM taking out a patent for a
"person-tracking unit" that uses RFID tags to identify
individuals, their movements and purchases in stores. Procter
& Gamble and Wal-Mart collaborating on a test that put
cameras on a store shelf in Oklahoma and watched customers pluck
lipsticks off an RFID-enabled shelf. A Sutter County grade
school's experimental program requiring students to wear
RFID-enabled badges to track their on-campus movements, thanks to
supplies donated by the InCom Corp. based 50 miles northwest of
Sacramento.
And
the federal government plans to put RFID tags in passports,
prescription medications and perhaps driver's licenses and
postage stamps. One day, the "Spychips" authors fear,
the tiny tags could be on everything from candy bars to dollar
bills, compromising both privacy and personal security.
"I
think the industry is waiting until they've done adequate PR to
where the public will really embrace it," Albrecht said.
"They want to get the infrastructure in place [and] find
ways to integrate this technology in a way that is not going to
scare people. They envision these things in our homes and our
refrigerators and in the doorway of our kids' bedrooms."
In
the weeks after "Spychips"' release, RFID supporters
retaliated with rebuttals calling the book at best a futuristic
fairy tale and at worst a delusional pack of lies by fringe
alarmists.
As
much as the RFID industry (which researchers say will be a $4.2
billion-a-year business by 2011) might want to ignore the book
and its authors, it can't afford to do so. One RFID company has
even bought space on Google, eBay and Amazon so when consumers
search for "Spychips," a link to a 24-page rebuttal
pops up.
"We
felt we had a responsibility to educate consumers," said
Nicholas Chavez, president of RFID Ltd., who co-authored the
rebuttal released November 4. "They may get first blanch at
the consumers through the book," he said. "There's a
big fear out there that people will go read 'Spychips' and then
go out and tell 10 people."
"Spychips,"
he said, casts RFID in "this sinister, Orwellian light"
and presupposes applications that aren't within the current
capabilities of the technology. RFID was first envisioned in the
1940s, combining the existing disciplines of radio broadcast
technology and radar to communicate via reflected power,
according to a history by AIM Global, the Association for
Automatic Identification and Mobility. It wasn't until the late
1970s that technical capabilities caught up with the vision and
RFID began to be applied commercially.
While
"active" RFID tags send out radio signals, the more
typical "passive" tags lie dormant until picked up by
devices called readers, which can be positioned anywhere from a
couple of inches to several feet away. The reader transmits the
information to a database, where it can be stored. There's some
debate over actual vs. intended read range, and Albrecht says she
has registered results from as far as 15 feet away, but "you
don't need these massive read ranges," Albrecht said, if
RFID readers are placed in strategic locations, such as freeway
onramps, grocery-store aisles, floors or doorways of homes. While
some chips are smaller than a grain of sand, the ones currently
in use on shipping crates are the size of a credit card.
It's
a technology that ultimately will win over consumers through
convenience and savings, said Gail Tom, a California State
University, Sacramento, professor who teaches marketing courses
and has written two books on consumer behavior.
And
yet, she acknowledged, "if you went up to the average person
on the street, they would not know what RFID is."
The "Spychips" book, she said, "alerts people to at least think about it." "Whenever you have new technology, there are concerns, and it's good to have concerns [due to] just the possibility that there could be Draconian and negative things. You would hope the good outweighs the bad," she said. "When UPC codes came out, it was somewhat controversial, too," Tom said, remembering worries that unscrupulous retailers would switch prices on unsuspecting customers.
"Using the analogy of the bar code is a good one, because it tracks the product, it doesn't track you," she said. "Marketers are not interested in individuals. They're interested in segments and clumps of people." A lot of the technology's success depends on how the RFID industry plays it, and Tom agreed it's now somewhat on the defensive. "It may not have occurred to marketers that they needed to publicize this, because they may not have seen a lot of the privacy issues."
Underwear
tags and smart shopping carts:
The
RFID industry's adversaries are smart, passionate and
media-savvy. With each new development, the authors of
"Spychips" fire off an e-mail press release touting
their successes or assailing their critics, turning industry
leaders' own words against them. They've organized pickets at
Wal-Marts, along with boycotts of companies such as Gillette and
European retail store Tesco. (In 2003, that store collaborated to
package RFID tags with Mach3 razor blades and surreptitiously
snap photos of customers taking them from the shelf, and later at
the cash register, in a test designed in part to identify
potential shoplifters.) The clothing company Benetton canceled
its plans to put RFID in underwear and other products after
Albrecht launched an "I'd rather go naked" campaign.
Their
message is resonating with anti-government Libertarians,
conservative Christians and staunch American Civil Liberties
Union (ACLU) types. But that's not all. "It doesn't have a
demographic," Albrecht said of "Spychips."
"Everyone's got a reason not to be spied on."
Try
to get biographical information out of Katherine Albrecht, and
you'll get some unintended insight into what she's all about. She
started taking college courses at age 15 but won't say where she
grew up. Along with a master's in instructional technology from
Harvard (she's working on her doctorate there), she has a
bachelor's degree in international marketing but won't say from
where. She's married and has kids but won't say how many. Her
family lives somewhere in the state of New Hampshire.
She'll
eat a loss before handing over her driver's license to reverse an
overcharge at Kmart. She also refuses to use credit or ATM cards,
only paying cash. Fittingly, she likes to wear mirrored
sunglasses.
"I
think I've always been kind of a rebel," Albrecht said.
"The ultimate irony is that by being the person who is so
openly advocating for privacy, I've become a public figure."
Disturbed
by the concept of supermarket loyalty cards, which she feels
blackmail shoppers into turning over personal data in exchange
for lower prices, Albrecht decided to study the practice for her
master's thesis. In 1999, she founded CASPIAN, Consumers Against
Supermarket Privacy Invasion And Numbering.
So,
it wasn't a reach when, a couple of years later, Albrecht heard
about "smart" shopping carts that use RFID to track
shoppers throughout a store. She researched and wrote an article
for the Denver University Law Review and began attending RFID
trade shows in the United States and Europe, where she heard the
multiple, often conflicting messages companies were sending to
clients, consumers and the general and trade presses.
Also
in 1999, corporations and academia were collaborating to create
the Auto-ID Center on the Massachusetts Institute of Technology
(MIT) campus. The nonprofit research project was founded and
funded by Procter & Gamble, Gillette and the Uniform Code
Council, which manages the bar code.
"It
was just down the street from Harvard, where I was working on my
doctorate," Albrecht said. In the spring of 2002, she signed
up as a member of the media to attend a meeting at the Auto-ID
Center, which was in the midst of its successful quest to get
$300,000 each from companies that wanted to be sponsoring
partners. "I was a fly on the wall taking notes in the
back." By then, years into her anti-loyalty-card crusade,
Albrecht was a confirmed skeptic and wasn't surprised that big
business would want to gather personal information on and track
customers, or that it would hope to fly under consumers' radar
until RFID was embedded in society and it was too late to do
anything about it. "What surprised and horrified me in 2002
was that they actually had a technology to do this."
And
no one seemed to be talking about privacy issues.
"I
came home that day so sickened and so reeling that I sat down
with my husband and said, 'I feel like I have the weight of the
world on my shoulders because I know what's coming.'
"This
is going to fundamentally change everything."
At
another board meeting at MIT, Albrecht found herself sharing an
elevator with the then-executive director of the Auto-ID Center,
Kevin Ashton. Ashton, who was not available for comment and now
works for a company that makes RFID readers, has told
interviewers that item-level RFID tagging will become common
between 2007 and 2010, with RFID common in the home between 2010
and 2020. He also envisions an "Internet of Things"
that will link every item sold, from a can of Pepsi to an Armani
dress shirt, to its own Web page, tracking it from manufacturer
to warehouse to transport and beyond, until the tag is presumably
killed by the consumer.
"He
gets it. He sees the hugeness of this," Albrecht said of the
man she considers her arch nemesis. "He embraces this
future; I'm horrified."
To
track or to serve?
In
October 2003, the Auto-ID Center dissolved, and EPC Global took
its place as a nonprofit entity standardizing what's referred to
as Electronic Product Code. Unlike a bar code, which can reveal
only the type of product you purchased, an EPC is a unique
identifier that attaches a serial number to tell a reader exactly
which item you have.
On
the corporate level, Wal-Mart has been leading the push toward
RFID in a retail setting. This year, the company began requiring
the 100 top suppliers to its Texas stores to put RFID tags on
their shipping pallets and cases of products at an estimated cost
of millions of dollars a year.
"We
are also on target to have the next top 200 suppliers live in
January 2006," said Christi Gallagher, a media-relations
representative for Wal-Mart. "We don't anticipate each item
in the store being tagged for 10 to 15 years," she added.
"Wal-Mart is not looking at RFID technology to track
customers, but rather to serve them by enhancing its supply-chain
process."
The
industry envisions "smart shelves," which would alert
stores when inventory is low, so they could restock or reorder,
decreasing frustration and increasing sales. RFID also has
anti-theft applications and could help expedite returns, product
recalls and warranties.
Theoretically,
the stores would pass savings on to customers.
In
November 2003, the Chicago Sun-Times reported on a trial by
Procter & Gamble and Wal-Mart in which shoppers in a Broken
Arrow, Okla., store were viewed remotely from Procter &
Gamble headquarters as they took packages of Max Factor Lipfinity
lipstick off a shelf. The boxes contained small RFID chips, and
readers were embedded in the shelf liner.
Although
representatives from both companies initially denied such a study
ever took place, Wal-Mart now says it was anything but secret.
"There
were signs present saying a test was being conducted,"
Gallagher said. Gallagher said Albrecht "may not fully
understand the technology" and that, "because of our
size, we are often the target of criticism by these
special-interest groups with their own very narrow agendas, which
typically do not reflect the philosophies of the majority of our
customers."
The
Department of Defense has ordered suppliers to affix RFID tags to
shipping crates. The U.S. Food and Drug Administration (FDA) has
called for RFID tags on pharmaceuticals' shipping containers,
which it says would reduce counterfeiting and theft, and the
companies that manufacture OxyContin and Viagra are already on
board. The U.S. State Department announced in May that it was
backing off on RFID-enabled passports after privacy-rights
advocates pointed out that, lacking encryption, the tags could be
read remotely by anyone, including terrorists who could stand in
airports with handheld RFID readers, separating out Americans and
allowing precision-level targeting. The scheduled rollout had
been last summer.
Already,
San Francisco Bay Area motorists use FasTrak to quickly traverse
bridges and other toll areas, with an RFID-enabled device
automatically debiting their accounts. A Mobil gas station
Speedpass uses the same technology, as do VeriChips implanted in
pets in case they get lost.
More
recently, appliance makers have developed microwave ovens and
washing machines that can scan bar codes and, eventually, read
RFID tags on products to determine how and how long to cook or
wash a product. The food industry could tag and track meat and
other products, making recalls much simpler. If you have a
keyless remote for your car, you are carrying around an RFID tag.
And
for convenience's sake, the possibilities are exciting: Load up
your shopping cart, wheel it through an RFID-enabled bay that
will instantly scan the items, store loyalty card and payment
card, and check out in seconds.
Privacy
rights meet the spy chip:
Simson
Garfinkel, Ph.D., has seen all sides of the issue and says it's
not a Utopia-vs.-Armageddon scenario. An author and instructor at
Harvard, he is an expert in computer security and studies
information policy and terrorism.
"The
public is largely not participating in this debate, and
unfortunately the decisions are being made right now," he
said. For example, he said, MasterCard and Visa claim they have
deployed 1.5 million RFID-enabled cards with no customer
complaints. "The fact is these people don't even know that
they're carrying the cards," Garfinkel said.
Garfinkel
is a member of the Electronic Frontier Foundation (EFF) and a
signer of the nonprofit's Position Statement on the Use of RFID
in Consumer Products. The statement, which also is endorsed by
CASPIAN, the ACLU and various consumer and privacy organizations,
calls for a voluntary moratorium on item-level tagging and also
seeks to preserve consumers' right to disable tags, avoid being
tracked without consent and preserve anonymity.
Spurred
in part by the Sutter County student-tagging controversy, the EFF
and ACLU drafted a bill for the California Legislature that
became Senate Bill 768, and Senator Joe Simitian, D-Palo Alto,
agreed to carry it. The bill currently is parked on the Assembly
floor, to be resurrected for discussion in January. It calls for
a three-year moratorium on the use of RFID technology on driver's
licenses, library cards, student-body cards, Medi-Cal cards and
other "mass distribution" documents. It also would set
fines for "intentional remote reading" of someone's
personal information without his or her knowledge and would
require personal information on RFID tags to be encrypted.
"It's
hardly a household word," Lee Tien, staff attorney for EFF,
said of RFID. "But those people who are aware of it have
fairly predictable reactions. [And] the more people know about
it, they more concerned they are."
In
October 2003, a survey commissioned by the National Retail
Federation found that while 43 percent of those who had heard of
RFID viewed it favorably, almost 70 percent of consumers were
"extremely concerned" that data collected via RFID
could be used by a third party, that it would make them the
target of advertisers or that they themselves could be tracked
through their purchases. "Should the industry fail to
educate consumers about RFID, that role will default to
consumer-advocacy groups," warned consulting firm CapGemini.
The
Sacramento-based California NOW (National Organization for Women)
has signed on as an official supporter of S.B. 768 and is joining
the ACLU, the Commission on the Status of Women and the
California Partnership to End Domestic Violence in lobbying the
Legislature in favor of the bill.
"California
NOW's primary concern about the use of RFIDs is the threat to
women and their children's safety," said Jodi Hicks,
California NOW's legislative director. "Women and their
children who are fleeing domestic violence need to be protected
by having their whereabouts concealed from their abuser. RFIDs
are the dream tool of an abuser or stalker, and we must do what
we can to keep that technology out of the hands of those
criminals."
For
Chavez, of RFID integrator RFID Ltd., it's a battle for
consumers' trust. "You can't take it personally," he
said, but "I do take offense to the fact that they're
influencing consumers' opinions of anyone and everyone in the
RFID industry as being secretive or Machiavellian in their
efforts."
He
wants Albrecht and McIntyre to agree to join his company's
advisory board, participate in public debates and train to become
"certified" in RFID. "If they wish to be credible
in talking about RFID technology, they need to be
certified." Chavez tempers his criticism, acknowledging that
others in the industry have directed "very well-publicized
slurs" at the Spychips authors.
Privacy
advocates raise important concerns, he said. "I'm all for
labeling, and the consumers should have the option to kill the
tag at the point of sale." Most in the industry believe in
some form of a code of ethics but ultimately want to police
themselves.
RFID
trade association AIM Global, which also published a rebuttal to
"Spychips," calls the book a "great read" for
"conspiracy buffs" and says it includes "a lot of
conjecture, old news, unfounded assumptions, and a hodgepodge
misrepresentation of the various types of RFID--even as the book
admits the technology's limitations."
Mark
Roberti, founder and editor of the RFID Journal, said RFID is a
wonderful technology that is getting a bad rap by a vocal
minority. "You can't see it--that's what creeps people out.
"The
fact is, everywhere RFID has been introduced, people love
it."
Roberti
has written hundreds of articles about RFID and its applications,
editorialized against the Spychips book and said its authors
"consistently overstate the truth."
"They
don't understand the fundamentals of business," Roberti said
of the idea that collected data could become common knowledge.
"Businesses never share information about their customers.
The company is always going to do what will make it money."
That's
only the beginning of the "misguided" and
"pathetic" ideas that Roberti said pervade
"Spychips." "The book is so stupid in the fact
that it does not relate technology to reality. ... Wal-Mart
cannot change the laws of physics."
"They're
struggling to read tags on cases traveling through a dock door 10
feet wide at 5 miles an hour," Roberti said, and it's easy
to disable or "jam" tags. Read ranges are only a few
inches in most cases, and it will be years before RFID tags are
cheap enough--5 cents, the industry hopes--to place on individual
products.
And
nowhere in the book, Roberti says, is there an example of a
specific person whose privacy has been invaded.
"Every
time you go into a store, video cameras are assuming you're
guilty. Why is RFID suddenly the problem?" said Roberti, who
is against tracking people by name and is disturbed that U.S.
privacy laws are not as advanced as those in Europe. Still, he
said, "these are not evil people out to screw all these
consumers. These are good people who want to sell products."
"In
my view, RFID gives the consumer all the power," he said.
"Wal-Mart has no power. We choose to shop there. ... Vote
with your wallet. If you don't want someone to put an RFID tag in
a product, don't buy that product."
Albrecht,
who authored a rebuttal to Roberti's rebuttal, said he
misrepresents what "Spychips" is all about. It's not
about how corporations and the government have invaded people's
privacy. It's about how they plan to invade their privacy in the
future.
"Part
of what the book does is show industry vision," she said.
"Before 1910, when electrical outlets were invented, if you
had said, 'There will be a way to tap into a worldwide power
grid, and [devices] will be every 10 feet in your house,' people
would say, 'You're nuts,'" she said.
It's
largely the "what if" thought progression that has RFID
proponents so mad about "Spychips."
What
if the "smart" medicine cabinet developed by Accenture
didn't just warn people, by matching face-recognition software to
FDA-mandated RFID tags on medicine bottles, that they were about
to take the wrong medicine, but broadcast that information to
their family members, doctor or the government? What if the
government or insurance companies start using information
gathered by RFID to deny people health coverage?
What
if the same refrigerator that lets you know when you're out of
cheese also radios the information to marketers, who in turn
bombard you with unwanted advertisements?
What
if police decide to use the passes carried by toll-bridge users
to determine via RFID readers that a driver had gotten from Point
A to Point B too quickly and issue speeding tickets?
What
if you have your RFID-enabled passport in your pocket when you go
to an anti-war rally, and government agents remotely scan it and
put you in a database?
"That's
the more dangerous, insidious side of RFID," said the EFF's
Tien of the possibility of surreptitious government use of RFID.
"The private sector and the government work hand in hand in
many areas of surveillance. ... It's all one big blob a person
has to worry about."
"Some
people say, 'I don't care if people find out I wear size 8 Levi's
jeans,'" Tien said. But what about more sensitive and
personal possessions, such as a pregnancy home-test kit, or meds
for bipolar disorder or HIV? "There are a lot of issues
about your preferences and your beliefs," Tien said.
"It's the same debate as the Patriot Act. Some people will
say they have nothing to hide, and the government could find the
same things out another way."
Tom, the CSUS professor, said that at the end of the day, most consumers don't really care how a technology works; they just think "it's neat that it works."
If
they don't like a technology, or how it's being applied,
"the power is still in the hands of the consumer. The
consumer still has the power at the very end to rip off the
tag."
"I
don't see industry in general using RFID tags in a stealth
manner," Tom said. Garfinkel said it would be a shame if
RFID were dismissed completely because the industry is
"incompetent" at addressing privacy concerns. He
embraces many uses of the technology and especially sees ways it
could be used to help blind people.
"The
industry is acting very poorly." RFID manufacturers
contradict themselves, he says, when they talk about how powerful
their tags are and then tell consumers not to worry about them
being read covertly, or from a distance beyond the recommended
read range.
"Lots of times, things we think are not possible under the laws of physics actually are possible because it's an engineering problem, not a physics problem."
What
it comes down to is whether you trust the government and big
business to keep your privacy and other best interests at heart,
he said. "I think it's a mistake to simply assume that
business would never do anything secret," Garfinkel said.
"The government is already following people around. I could
easily see us being in a world where this is pervasively
deployed. A lot of personal info could be leaked."
Albrecht
said CASPIAN's intent has never been to ban RFID, she said, but
rather to make companies tell consumers when tags or readers are
being used so they can make informed choices.
If
consumers wait and hope for the best, it may be too late, said
Tien, of the EFF. "Privacy violations are not like a lot of
other kinds of violations. You don't see them right away,"
he said, drawing a comparison with identity theft.
"There's
really no reason to wait until a disaster happens until you deal
with it. You can do something now rather than wait for a
crisis."
BY JEFF CHESTER |
||||
The
nation's largest telephone and cable companies are
crafting an alarming set of strategies that would
transform the free, open and nondiscriminatory Internet
of today to a privately run and branded service that
would charge a fee for virtually everything we do online. Verizon, Comcast, Bell South and
other communications giants are developing strategies
that would track and store information on our every move
in cyberspace in a vast data-collection and marketing
system, the scope of which could rival the National
Security Agency. According to white papers now being circulated in the cable,
telephone and telecommunications industries, those with
the deepest pockets--corporations, special-interest
groups and major advertisers--would get preferred
treatment. Content from these providers would have first
priority on our computer and television screens, while
information seen as undesirable, such as peer-to-peer
communications, could be relegated to a slow lane or
simply shut out. Under the plans they are
considering, all of us--from content providers to
individual users--would pay more to surf online, stream
videos or even send e-mail. Industry planners are mulling
new subscription plans that would further limit the
online experience, establishing "platinum,"
"gold" and "silver" levels of
Internet access that would set limits on the number of
downloads, media streams or even e-mail messages that
could be sent or received. To make this pay-to-play vision
a reality, phone and cable lobbyists are now engaged in a
political campaign to further weaken the nation's
communications policy laws. They want the federal
government to permit them to operate Internet and other
digital communications services as private networks, free
of policy safeguards or governmental oversight. Indeed,
both the Congress and the Federal Communications
Commission (FCC) are considering proposals that will have
far-reaching impact on the Internet's future. Ten years
after passage of the ill-advised Telecommunications Act
of 1996, telephone and cable companies are using the same
political snake oil to convince compromised or clueless
lawmakers to subvert the Internet into a turbo-charged
digital retail machine. The telephone industry has been
somewhat more candid than the cable industry about its
strategy for the Internet's future. Senior phone
executives have publicly discussed plans to begin
imposing a new scheme for the delivery of Internet
content, especially from major Internet content
companies. As Ed Whitacre, chairman and CEO of AT&T,
told Business Week in November, "Why should
they be allowed to use my pipes? The Internet can't be
free in that sense, because we and the cable companies
have made an investment, and for a Google or Yahoo! or
Vonage or anybody to expect to use these pipes [for] free
is nuts!" The phone industry has marshaled
its political allies to help win the freedom to impose
this new broadband business model. At a recent conference
held by the Progress and
Freedom Foundation, a think tank funded by Comcast,
Verizon, AT&T and other media companies, there was
much discussion of a plan for phone companies to impose
fees on a sliding scale, charging content providers
different levels of service. "Price
discrimination," noted PFF's resident media expert
Adam Thierer, "drives the market-based capitalist
economy." Net Neutrality To ward off the prospect of
virtual toll booths on the information highway, some new
media companies and public-interest groups are calling
for new federal policies requiring "network neutrality" on the Internet. Common Cause, Amazon, Google, Free Press, Media Access Project and Consumers
Union, among others, have proposed that broadband
providers would be prohibited from discriminating against
all forms of digital content. For example, phone or cable
companies would not be allowed to slow down competing or
undesirable content. Without proactive intervention,
the values and issues that we care about--civil rights,
economic justice, the environment and fair
elections--will be further threatened by this push for
corporate control. Imagine how the next presidential
election would unfold if major political advertisers
could make strategic payments to Comcast so that ads from
Democratic and Republican candidates were more visible
and user-friendly than ads of third-party candidates with
less funds. Consider what would happen if an online
advertisement promoting nuclear power prominently popped
up on a cable broadband page, while a competing message
from an environmental group was relegated to the margins.
It is possible that all forms of civic and noncommercial
online programming would be pushed to the end of a
commercial digital queue. But such "neutrality"
safeguards are inadequate to address more fundamental
changes the Bells and cable monopolies are seeking in
their quest to monetize the Internet. If we permit the
Internet to become a medium designed primarily to serve
the interests of marketing and personal consumption,
rather than global civic-related communications, we will
face the political consequences for decades to come.
Unless we push back, the "brandwashing" of
America will permeate not only our information
infrastructure but global society and culture as well. Why are the Bells and cable
companies aggressively advancing such plans? With the
arrival of the long-awaited "convergence" of
communications, our media system is undergoing a major
transformation. Telephone and cable giants envision a
potential lucrative "triple play," as they
impose near-monopoly control over the residential
broadband services that send video, voice and data
communications flowing into our televisions, home
computers, cell phones and iPods. All of these many
billions of bits will be delivered over the telephone and
cable lines. Video programming is of foremost
interest to both the phone and cable companies. The
telephone industry, like its cable rival, is now in the
TV and media business, offering customers television
channels, on-demand videos and games. Online advertising
is increasingly integrating multimedia (such as animation
and full-motion video) in its pitches. Since video-driven
material requires a great deal of Internet bandwidth as
it travels online, phone and cable companies want to make
sure their television "applications" receive
preferential treatment on the networks they operate. And
their overall influence over the stream of information
coming into your home (or mobile device) gives them the
leverage to determine how the broadband business evolves.
Mining Your Data At the core of the new power held by phone and cable companies are tools delivering what is known as "deep packet inspection." With these tools, AT&T and others can readily know the packets of information you are receiving online--from e-mail, to websites, to sharing of music, video and software downloads. These "deep packet
inspection" technologies are partly designed to make
sure that the Internet pipeline doesn't become so
congested it chokes off the delivery of timely
communications. Such products have already been sold to
universities and large businesses that want to more
economically manage their Internet services. They are
also being used to limit some peer-to-peer downloading,
especially for music. But these tools are also being
promoted as ways that companies, such as Comcast and Bell
South, can simply grab greater control over the Internet.
For example, in a series of recent white papers, Internet
technology giant Cisco urges these companies to
"meter individual subscriber usage by
application," as individuals' online travels are
"tracked" and "integrated with billing
systems." Such tracking and billing is made possible
because they will know "the identity and profile of
the individual subscriber," "what the
subscriber is doing" and "where the subscriber
resides." Will Google, Amazon and the
other companies successfully fight the plans of the Bells
and cable companies? Ultimately, they are likely to cut a
deal because they, too, are interested in monetizing our
online activities. After all, as Cisco notes, content
companies and network providers will need to
"cooperate with each other to leverage their value
proposition." They will be drawn by the ability of
cable and phone companies to track "content
usage...by subscriber," and where their online
services can be "protected from piracy, metered, and
appropriately valued." Our Digital Destiny It was former FCC chairman
Michael Powell, with the support of then-commissioner and
current chair Kevin Martin, who permitted phone and cable
giants to have greater control over broadband. Powell and
his GOP majority eliminated longstanding regulatory
safeguards requiring phone companies to operate as
nondiscriminatory networks (technically known as
"common carriers"). He refused to require that
cable companies, when providing Internet access, also
operate in a similar nondiscriminatory manner. As
Stanford University law professor Lawrence
Lessig has long noted, it is government
regulation of the phone lines that helped make the
Internet today's vibrant, diverse and democratic medium. But now, the phone companies are
lobbying Washington to kill off what's left of
"common carrier" policy. They wish to operate
their Internet services as fully "private"
networks. Phone and cable companies claim that the
government shouldn't play a role in broadband regulation:
Instead of the free and open network that offers equal
access to all, they want to reduce the Internet to a
series of business decisions between consumers and
providers. Besides their business
interests, telephone and cable companies also have a
larger political agenda. Both industries oppose giving
local communities the right to create their own local
Internet wireless or wi-fi networks. They also want to
eliminate the last vestige of local oversight from
electronic media--the ability of city or county
government, for example, to require telecommunications
companies to serve the public interest with, for example,
public-access TV channels. The Bells also want to further
reduce the ability of the FCC to oversee communications
policy. They hope that both the FCC and Congress--via a
new Communications Act--will back these proposals. The future of the online media
in the United States will ultimately depend on whether
the Bells and cable companies are allowed to determine
the country's "digital destiny." So before
there are any policy decisions, a national debate should
begin about how the Internet should serve the public. We
must insure that phone and cable companies operate their
Internet services in the public interest--as stewards for
a vital medium for free expression. If Americans are to succeed in
designing an equitable digital destiny for themselves,
they must mount an intensive opposition similar to the
successful challenges to the FCC's media ownership rules in
2003. Without such a public outcry to rein in the GOP's
corporate-driven agenda, it is likely that even many of
the Democrats who rallied against further consolidation
will be "tamed" by the well-funded lobbying
campaigns of the powerful phone and cable industry.
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