Updated: 24.11.2002; 12:10:56 Uhr.
disLEXia
lies, laws, legal research, crime and the internet
        

Monday, May 28, 2001

Re: EU considers retaining *all* telecom traffic (Weingart, R-21.42)

Dave Weingart reported on EU plans to retain all telecoms traffic. Apparently, the EU is not that ambitious, but the issue is critical enough. Current EC telecommunications law protects the privacy of telephone users by obliging the operator to delete or anonymize traffic data as soon as there is no more pressing need to retain it (e.g., as the bill for the services have been paid, etc. - see article 6 of http://europa.eu.int/eur-lex/en/lif/dat/1997/en_397L0066.html).

Law enforcement agencies find this cumbersome as it does not allow them to obtain information on past telephone usage (for the period before they placed a tap). Statewatch, a British NGO active in the field of privacy protection, has published a leaked EU Council document on its website that urges the Commission "to review [...] the provisions that oblige operators to erase traffic data or to make them anonymous" in order to "ensure that the purpose limitations regarding the personal data do not come into conflict with the law enforcement authorities' needs of data for crime investigation purposes": http://www.statewatch.org/news/2001/may/enfo7277.htm

If this initiative is acted upon, it will significantly reduce the privacy protection of telephone users in the European Union. Network operators will have to foot the bill for providing the necessary storage space and for carrying out the database searches that will no doubt be requested by law enforcement agencies. ["Michael Weiner" via risks-digest Volume 21, Issue 44]
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Re: 37% of programs used in business are pirated (RISKS-21.42)

This study clearly has shock value as it combines seemingly objective data and emotive language. I have noted a number of misquotations of its findings in various news announcements and tried to find out how this figure of 37% is really computed.

But first of all, as to credibility of source: does the Business Software Alliance (BSA) have any vested interest in artificially inflating or deflating this figure? The International Planning and Research (IPR) organisation which seems to have advised the BSA says that 'BSA educates computer users on software copyrights; advocates public policy that fosters innovation and expands trade opportunities; and fights software piracy.' The BSA report at http://www.bsa.org/resources/2001-05-21.55.pdf concludes that 'To ensure a high level of confidence, member companies of BSA reviewed the results of the study and their input was used to validate and refine the study assumptions'.

This sounds like an inherently highly risky procedure for obtaining the truth. But to press on...

The methodology, from what I can understand of it, compares the number of computers sold to each country with the amount of software sold to that country (lots of various 'adjustments' for replacements, maturity etc the bases of which are not explained). The number of computers sold is then multiplied by a number (again, all highly convoluted, but no hard details as to where these magic numbers come from) to give a figure for the demand for software given the hardware sales. The difference between this demand figure and the amount of software actually sold is the amount of 'piracy'. This is in fact a gross simplification of their actual methodology but seems to be the essence of it. It relies a lot on magic numbers.

In comparison to the coyness of the description of how all the magic numbers are computed, the final data, *is* displayed in glorious detail per country, per year, dollar loss, etc.

If the way the magic numbers were arrived at is fair and above board, then it would make sense to publish details of the process in order to boost the confidence of the report and to show that not only does it make an emotive point, but that it has good grounds for doing so. Otherwise, given the source, one may be tempted to dismiss it on the grounds of possible self-interest by the authors (if they wish to fight software piracy, they could hardly publish a report which says that software piracy doesn't exist, could they?)

I spoke last summer to a technical manager of a medium-sized company in one of the so-called 'black spots' of software piracy fingered in the report. He told me that when they up-sized, the company had moved from MS Office to Star Office, because the latter was being given away for free. He also told me of how the company sourced shareware and freeware because he didn't trust 'black-market stuff'. Shareware is usually an order of magnitude cheaper than commercial stuff, and you often get to keep in touch with the folk that created it as well. He and I have remained in contact and swapped some interesting resources, so it isn't all talk.

His approach sounded eminently rational to me: if you're poor, buy the hardware and find free- and share-ware on the web. All of a sudden, the conclusions of BSA report sounded a lot more risky to me.

Jurek Kirakowski, HFRG, Ireland http://hfrg.ucc.ie/ http://hfrg.ucc.ie/jk/ [jk via risks-digest Volume 21, Issue 44]
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E-mail address ID theft

RISK: The simplest ID theft is that of an e-mail address.

I use e-mail quite a lot for business purposes, and also make regular contributions to a lot of newsgroups. I've been on the net for a decade, so am on a zillion and one "40 million e-mail addresses for just $5" lists - thank god for filters.

But on Sunday some insufferable person or organisation forged my e-mail address as the sender of some X-rated Spam. This has caused me lost business, a little personal embarrassment, and a mailbox rapidly filling up with bounces from nonexistent addresses. I'm expecting DOS counter-attacks from clueless newbies.

There's not a lot that can be done to stop someone from doing this.

But the risk is that I might not be able to do anything about it in the way of compensation. NeoTrace has given me plenty of clues to the perpetrators, but only by tracing the site that was advertised in the email. Proving it is another matter, and they may have no assets anyway.

A.E.Brain [aebrain@dynamite.com.au via risks-digest Volume 21, Issue 35]
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Maximillian Dornseif, 2002.
 
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