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Congress Begins Deep Packet Inspection of Internet Providers - Bits Blog - NYTimes.com


From: David Farber <dave () farber net>
Date: Mon, 27 Apr 2009 19:17:59 -0400



Begin forwarded message:

From: Richard Bennett <richard () bennett com>
Date: April 27, 2009 6:43:23 PM EDT
To: dave () farber net
Subject: Re: [IP] Congress Begins Deep Packet Inspection of Internet Providers - Bits Blog - NYTimes.com

I was one of the witnesses at the privacy hearing, and I have to say that none of the blog accounts do it justice. The bloggers who've covered the hearing simply read the prepared statements and didn't go into the questions and and answers or the general discussion.

So here's the real story: Chairman Boucher is planning a series of hearings on privacy, the end result of which is likely to be a bi- partisan bill co-sponsored by Ranking Member Cliff Stearns. This hearing was an opening salvo that dealt with network monitoring of consumer behavior on the Internet. It was largely a fishing expedition prompted by a white paper written by Ben Scott of Free Press on DPI equipment. Ben read some of the marketing lit from the start-up DPI firms and got freaked out by the claims the companies are making. The state of DPI in the US right now is that nobody uses it for anything like consumer tracking, the carriers were very clear about that. The NebuAd controversy last year discouraged any such intrusions. But they do use various kinds of traffic monitoring gear that you could define as DPI by the definition that looking at all the headers in a packet is DPI. They're not looking at the final, final payload and have no current interest in doing so.

But it was important to the Chairman to start at the bottom in order to have some perspective when the notion of web services tracking consumer behavior comes up at the next hearing. It will go into the implications of Google AdSense switching from an opt-in to an opt-out model of tracking with a persistent ID cookie. That's actually where the privacy concern is today, and where it should be.

Ben Scott described this as a "Kumbaya Hearing" later in the day at the Congressional Internet Caucus' State of the Mobile Net conference he and I appeared on the same panel for the second time in the day (Ben and I are the Siamese twins of fair and balanced policy discourse.) This was because there was broad agreement on the general points that privacy is important, there needs to be a balanced and comprehensive approach, consumer empowerment is the key, and all these massive databases of personal information need to be secure and well- managed.

Google's Congresswoman, Anna Eshoo, tried to nail me for saying in my written testimony that the ad supported model of Internet services is inherently in conflict with personal privacy, but the other witnesses didn't support her. So she was more or less left on the sideline trying to create one set of rules for firms headquartered in her district and another set for the carriers, an extremely positive development. Boucher and Stearns are now looking for guidance on the privacy framework, and would appreciate informed suggestions from the expert audience. The envelope analogy has been beaten to death, so no need to belabor it any further, of course.

RB

David Farber wrote:


http://bits.blogs.nytimes.com/2009/04/24/congress-begins-deep-packet-inspection-of-internet-providers/

Congress Begins Deep Packet Inspection of Internet Providers
By SAUL HANSELL




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