Tubes provide our software updates. What could possibly go wrong? Patch Tuesday biggest Internet event, especially for sysadmins: • “In a relatively light September 2014 Patch Tuesday release, “Microsoft addressed 42 vulnerabilities across four bulletins. • “The majority (37) repair issues in Internet Explorer (IE), • “8th month in a row the Web browser has required patching. • “Over the past three months, Microsoft has issued updates for more than 100 vulnerabilities in IE”
Microsoft trying hard to restore trust in intermediaries…
But I will discuss more consumer issues: who controls your download?
What’s worse than a free U2 album? No, it’s not two free albums….
UK Consumer Rights Bill 2014: updates Sale of Goods Act 1979
Helpful Q&A section: case study Consumer buys an e-book…which does not download properly… “She also checks with her ISP that there were no interruptions during the time of the download."
Who double checks that?
The consumer must prove that…. “the digital content was not of satisfactory quality and the problem was not due to their internet connection or hardware. “The trader would then have to provide the consumer with redress regardless of whether they had provided the related service with reasonable care and skill.” See any problem with the government case study proof?
It's a net neutrality law! How will ISP satisfy proof of an uninterrupted service if it does any filtering or throttling at all? • ”Has #UKgov thought about #netneutrality implications of #prosumerlaw refunds for 'faulty' (jittery) downloads?” 225 page consultation document shows no hits for net neutrality • http://discuss.bis.gov.uk/consumer-bill-of- rights/ministers-introduction/
Many players: author, distributor, consumer, 3rd parties Codes of Conduct all over the place for ISPs, for retailers, for consumers
My co-author Ian Brown suggests monitoring by e-commerce providers “I suspect this law would encourage interactive content suppliers to develop software for the user's device • that would monitor media playout and connection quality Supplier can reject claims resulting from hardware/ISP problems”
Test hardware & connection speed before agreeing to supply content
Result: overt monitoring of your device/connection by every app Sounds familiar?
There’s an app for that...
BBC iPlayer already monitors connections on the fly BBC Internet Blog 2012: Android Update http://www.bbc.co.uk/blogs/legacy/bbcinternet/2012/02/bbc_iplayer _android_update.html “Some people have asked why the BBC iPlayer Android app asks for permission to access your phone's Network communication, Phone calls and System tools. “These are standard Android app permissions that are defined by the Google Android platform.”
The 3 permissions the BBC iPlayer Android app asks to use 1. Network Communication - full internet access. provides iPlayer access to the internet so it can play programmes. 2. Phone Calls - read phone state and identity. provides iPlayer with phone communication status and notifies the application if the phone rings or a phone call is in progress. • iPlayer app pauses if you receive a phone call while watching. • iPlayer app does not access or store any personal information, phone numbers or IMEI numbers. 3. System tools – prevents sleeping, retrieve running applications. • iPlayer ability to prevent phone going to sleep when watching
BBC monitoring iPlayer performance to regulate ISP throttling Vaizey says no to net neutrality, BBC looks to iPlayer traffic light system • November 18, 2010 http://www.digitaltveurope.net/1931/vaizey-says-no-to-net- neutrality-bbc-looks-to-iplayer-traffic-light-system/ “UK ISPs should not be bound by so-called network neutrality commitments, according to communications minister Ed Vaizey” BBC response – name and shame ISPs who throttle
Conclusion: Computer says no… government in denial on CRB
Final thought: problems both ways – providing higher service quality If ISPs throttle, that might become a cause of action under Consumer Rights Bill – though government claims no impact
But if ISPs develop ‘specialised services’ and still fail to deliver? Would NexFlix, YouTube or Facebook have contractual cause? • SS are not flawless – many B2B disputes over network outages Difference here is the consumer’s involvement • Especially if that consumer has no financial damages except time and effort – • for Wikipedia or BBC content, for instance? In both US/Europe, outside consumer/communications law?
What’s worse than a free U2 album? One that doesn’t play back?