Regulation

Do these technologies offer ease of connectivity, or do they have the potential to be weaponised and misappropriated to further political agendas?

typing on laptop

*Submissions for this event have closed. Please refer to the event page for further details* Policy & Internet Journal: CFP Special Issue – Issue 1, 2022 Special Issue Editors: Jonathon Hutchinson, University of Sydney & Milica Stilinovic, University of Sydney The Internet Regulation Turn? Policy, internet and technology With the recent media focus on the regulation of social media platforms within our society, users, citizens, human rights advocacy groups, policymakers and content producers have all questioned the validity of these communication technologies. Do these technologies offer ease of connectivity, or do they have the potential to be weaponised and misappropriated to further political agendas, disrupt democratic processes, and abuse an individual’s right to (or assumption of) privacy? Recently, we have observed governments calling on platforms to account for their misalignment with local media markets. Regulators are asking platform providers for increased transparency into their distribution processes. Advocacy groups are asking for increased visibility. The custodians of the internet (Gillespie, 2018) are asking for better tools to manage their communities. At the same time, users are questioning the uses of their data. Nonetheless, our societies are enjoying the benefits of our contemporary communication technologies for a variety of reasons. We see new markets emerging based on platform economic models, increased connectivity in times of physical isolation, new trends and connections are emerging, new cultural conventions are being forged between disparate individuals, and friends and families enjoy the increased ease and connectivity of communicating with their loved ones. To say ‘if you do not pay for the product, you are the product’ (Orlowski, 2020) grossly misrepresents the entirety of the social dilemma we have found ourselves in – a hyper- commercialised and politicised internet of the 2020s. To combat this, we are observing several versions of a ‘Balkinized splinternet’ (Lemley, 2020) emerging, where nations and users are designing and creating their own version of what was conceived as a way to share…

Notably, nearly 90 percent of the advertisements contained no responsible or problem gambling language, despite the gambling-like content.

Lord of the Rings slot machines at the Flamingo, image by jenneze (Flickr CC BY-NC 2.0). Unlike gambling played for real money, “social casino games” generally have no monetary prizes.

Social casino gaming, which simulates gambling games on a social platform such as Facebook, is a nascent but rapidly growing industry—social casino game revenues grew 97 percent between 2012 and 2013, with a USD$3.5 billion market size by the end of 2015. Unlike gambling played for real money, social casino games generally have no monetary prizes and are free-to-play, although they may include some optional monetised features. The size of the market and users’ demonstrated interest in gambling-themed activities mean that social casino gamers are an attractive market for many gambling operators, and several large international gambling companies have merged with social casino game operators. Some operators consider the games to be a source of additional revenue in jurisdictions where online gambling is largely illegal, or a way to attract new customers to a land-based gambling venue. Hybrid models are also emerging, with the potential for tangible rewards for playing social casino games. This merging of gaming and gambling means that many previously established boundaries are becoming blurred, and at many points, the two are indistinguishable. However, content analysis of game content and advertising can help researchers, industry, and policymakers better understand how the two entertainment forms overlap. In their Policy & Internet article “Gambling Games on Social Platforms: How Do Advertisements for Social Casino Games Target Young Adults?”, Brett Abarbanel, Sally M. Gainsbury, Daniel King, Nerilee Hing, and Paul H. Delfabbro undertake a content analysis of 115 social casino gaming advertisements captured by young adults during their regular Internet use. They find advertisement imagery typically features images likely to appeal to young adults, with message themes including a glamorising and normalisation of gambling. Notably, nearly 90 percent of the advertisements contained no responsible or problem gambling language, despite the gambling-like content. Gambling advertisements currently face much stricter restrictions on exposure and distribution than do social casino game advertisements: despite the latter containing much gambling-themed content designed to attract consumers.…

For data sharing between organisations to be straight forward, there needs to a common understanding of basic policy and practice.

Many organisations are coming up with their own internal policy and guidelines for data sharing. However, for data sharing between organisations to be straight forward, there needs to a common understanding of basic policy and practice. During her time as an OII Visiting Associate, Alison Holt developed a pragmatic solution in the form of a Voluntary Code, anchored in the developing ISO standards for the Governance of Data. She discusses the voluntary code, and the need to provide urgent advice to organisations struggling with policy for sharing data. Collecting, storing and distributing digital data is significantly easier and cheaper now than ever before, in line with predictions from Moore, Kryder and Gilder. Organisations are incentivised to collect large volumes of data with the hope of unleashing new business opportunities or maybe even new businesses. Consider the likes of Uber, Netflix, and Airbnb and the other data mongers who have built services based solely on digital assets. The use of this new abundant data will continue to disrupt traditional business models for years to come, and there is no doubt that these large data volumes can provide value. However, they also bring associated risks (such as unplanned disclosure and hacks) and they come with constraints (for example in the form of privacy or data protection legislation). Hardly a week goes by without a data breach hitting the headlines. Even if your telecommunications provider didn’t inadvertently share your bank account and sort code with hackers, and your child wasn’t one of the hundreds of thousands of children whose birthdays, names, and photos were exposed by a smart toy company, you might still be wondering exactly how your data is being looked after by the banks, schools, clinics, utility companies, local authorities and government departments that are so quick to collect your digital details. Then there are the companies who have invited you to sign away the rights to your data and possibly your…

Examining the voluntary provision by commercial sites of information privacy protection and control under the self-regulatory policy of the U.S. Federal Trade Commission (FTC).

Ed: You examined the voluntary provision by commercial sites of information privacy protection and control under the self-regulatory policy of the U.S. Federal Trade Commission (FTC). In brief, what did you find? Yong Jin: First, because we rely on the Internet to perform almost all types of transactions, how personal privacy is protected is perhaps one of the important issues we face in this digital age. There are many important findings: the most significant one is that the more popular sites did not necessarily provide better privacy control features for users than sites that were randomly selected. This is surprising because one might expect “the more popular, the better privacy protection”—a sort of marketplace magic that automatically solves the issue of personal privacy online. This was not the case at all, because the popular sites with more resources did not provide better privacy protection. Of course, the Internet in general is a malleable medium. This means that commercial sites can design, modify, or easily manipulate user interfaces to maximise the ease with which users can protect their personal privacy. The fact that this is not really happening for commercial websites in the U.S. is not only alarming, but also suggests that commercial forces may not have a strong incentive to provide privacy protection. Ed: Your sample included websites oriented toward young users and sensitive data relating to health and finance: what did you find for them? Yong Jin: Because the sample size for these websites was limited, caution is needed in interpreting the results. But what is clear is that just because the websites deal with health or financial data, they did not seem to be better at providing more privacy protection. To me, this should raise enormous concerns from those who use the Internet for health information seeking or financial data. The finding should also inform and urge policymakers to ask whether the current non-intervention policy (regarding commercial websites…

The role of finance in enabling the development and implementation of new ideas is vital—an economy’s dynamism depends on innovative competitors challenging and replacing complacent players in the markets.

Many of Europe’s economies are hampered by a waning number of innovations, partially attributable to the European financial system’s aversion to funding innovative enterprises and initiatives. Image by MPD01605.

Innovation doesn’t just fall from the sky. It’s not distributed proportionately or randomly around the world or within countries, or found disproportionately where there is the least regulation, or in exact linear correlation with the percentage of GDP spent on R&D. Innovation arises in cities and countries, and perhaps most importantly of all, in the greatest proportion in ecosystems or clusters. Many of Europe’s economies are hampered by a waning number of innovations, partially attributable to the European financial system’s aversion to funding innovative enterprises and initiatives. Specifically, Europe’s innovation finance ecosystem lacks the necessary scale, plurality, and appetite for risk to drive investments in long-term initiatives aiming to produce a disruptive new technology. Such long-term investments are taking place more in the rising economies of Asia than in Europe. While these problems could be addressed by new approaches and technologies for financing dynamism in Europe’s economies, financing of (potentially risky) innovation could also be held back by financial regulation that focuses on stability, avoiding forum shopping (i.e., looking for the most permissive regulatory environment), and preventing fraud, to the exclusion of other interests, particularly innovation and renewal. But the role of finance in enabling the development and implementation of new ideas is vital—an economy’s dynamism depends on innovative competitors challenging, and if successful, replacing complacent players in the markets. However, newcomers obviously need capital to grow. As a reaction to the markets having priced risk too low before the financial crisis, risk is now being priced too high in Europe, starving the innovation efforts of private financing at a time when much public funding has suffered from austerity measures. Of course, complementary (non-bank) sources of finance can also help fund entrepreneurship, and without that petrol of money, the engine of the new technology economy will likely stall. The Internet has made it possible to fund innovation in new ways like crowd funding—an innovation in finance itself—and there is no…

People are very often unaware of how much data is gathered about them—let alone the purposes for which it can be used.

MEPs failed to support a Green call to protect Edward Snowden as a whistleblower, in order to allow him to give his testimony to the European Parliament in March. Image by greensefa.

Computers have developed enormously since the Second World War: alongside a rough doubling of computer power every two years, communications bandwidth and storage capacity have grown just as quickly. Computers can now store much more personal data, process it much faster, and rapidly share it across networks. Data is collected about us as we interact with digital technology, directly and via organisations. Many people volunteer data to social networking sites, and sensors—in smartphones, CCTV cameras, and “Internet of Things” objects—are making the physical world as trackable as the virtual. People are very often unaware of how much data is gathered about them—let alone the purposes for which it can be used. Also, most privacy risks are highly probabilistic, cumulative, and difficult to calculate. A student sharing a photo today might not be thinking about a future interview panel; or that the heart rate data shared from a fitness gadget might affect future decisions by insurance and financial services (Brown 2014). Rather than organisations waiting for something to go wrong, then spending large amounts of time and money trying (and often failing) to fix privacy problems, computer scientists have been developing methods for designing privacy directly into new technologies and systems (Spiekermann and Cranor 2009). One of the most important principles is data minimisation; that is, limiting the collection of personal data to that needed to provide a service—rather than storing everything that can be conveniently retrieved. This limits the impact of data losses and breaches, for example by corrupt staff with authorised access to data—a practice that the UK Information Commissioner’s Office (2006) has shown to be widespread. Privacy by design also protects against function creep (Gürses et al. 2011). When an organisation invests significant resources to collect personal data for one reason, it can be very tempting to use it for other purposes. While this is limited in the EU by data protection law, government agencies are in a…

Chinese citizens are being encouraged by the government to engage and complain online. Is the Internet just a space to blow off steam, or is it really capable of ‘changing’ Chinese society, as many have assumed?

David: For our research, we surveyed postgraduate students from all over China who had come to Shanghai to study. We asked them five questions to which they provided mostly rather lengthy answers. Despite them being young university students and being very active online, their answers managed to surprise us. Notably, the young Chinese who took part in our research felt very ambiguous about the Internet and its supposed benefits for individual people in China. They appreciated the greater freedom the Internet offered when compared to offline China, but were very wary of others abusing this freedom to their detriment. Ed: In your paper you note that the opinions of many young people closely mirrored those of the government’s statements about the Internet—in what way? David: In 2010 the government published a White Paper on the Internet in China in which they argued that the main uses of the Internet were for obtaining information, and for communicating with others. In contrast to Euro-American discourses around the Internet as a ‘force for democracy,’ the students’ answers to our questions agreed with the evaluation of the government and did not see the Internet as a place to begin organising politically. The main reason for this—in my opinion—is that young Chinese are not used to discussing ‘politics’, and are mostly focused on pursuing the ‘Chinese dream’: good job, large flat or house, nice car, suitable spouse; usually in that order. Ed: The Chinese Internet has usually been discussed in the West as a ‘force for democracy’—leading to the inevitable relinquishing of control by the Chinese Communist Party. Is this viewpoint hopelessly naive? David: Not naive as such, but both deterministic and limited, as it assumes that the introduction of technology can only have one ‘built-in’ outcome, thus ignoring human agency, and as it pretends that the Chinese Communist Party does not use technology at all. Given the intense involvement of Party and government offices,…

Broadly speaking, most of the online services we think we’re using for “free”—that is, the ones we’re paying for with the currency of our attention—have some sort of persuasive design goal.

We’re living through a crisis of distraction. Image: "What’s on my iPhone" by Erik Mallinson

Ed: What persuasive technologies might we routinely meet online? And how are they designed to guide us towards certain decisions? There’s a broad spectrum, from the very simple to the very complex. A simple example would be something like Amazon’s “one-click” purchase feature, which compresses the entire checkout process down to a split-second decision. This uses a persuasive technique known as “reduction” to minimise the perceived cost to a user of going through with a purchase, making it more likely that they’ll transact. At the more complex end of the spectrum, you have the whole set of systems and subsystems that is online advertising. As it becomes easier to measure people’s behaviour over time and across media, advertisers are increasingly able to customise messages to potential customers and guide them down the path toward a purchase. It isn’t just commerce, though: mobile behaviour-change apps have seen really vibrant growth in the past couple years. In particular, health and fitness: products like Nike+, Map My Run, and Fitbit let you monitor your exercise, share your performance with friends, use social motivation to help you define and reach your fitness goals, and so on. One interesting example I came across recently is called “Zombies, Run!” which motivates by fright, spawning virtual zombies to chase you down the street while you’re on your run. As one final example, If you’ve ever tried to deactivate your Facebook account, you’ve probably seen a good example of social persuasive technology: the screen that comes up saying, “If you leave Facebook, these people will miss you” and then shows you pictures of your friends. Broadly speaking, most of the online services we think we’re using for “free”—that is, the ones we’re paying for with the currency of our attention—have some sort of persuasive design goal. And this can be particularly apparent when people are entering or exiting the system. Ed: Advertising has been around for centuries, so…

By 2015, the proportion of Chinese language Internet users is expected to exceed the proportion of English language users.

The rising prominence of China is one of the most important developments shaping the Internet. Once typified primarily by Internet users in the US, there are now more Internet users in China than there are Americans on the planet. By 2015, the proportion of Chinese language Internet users is expected to exceed the proportion of English language users. These are just two aspects of a larger shift in the centre of gravity of Internet use, in which the major growth is increasingly taking place in Asia and the rapidly developing economies of the Global South, and the BRIC nations of Brazil, Russia, India—and China. The 2013 ICA Preconference “China and the New Internet World” (14 July 2013), organised by the OII in collaboration with many partners at collaborating universities, explored the issues raised by these developments, focusing on two main interrelated questions: how is the rise of China reshaping the global use and societal implications of the Internet? And in turn, how is China itself being reshaped by these regional and global developments? As China has become more powerful, much attention has been focused on the number of Internet users: China now represents the largest group of Internet users in the world, with over half a billion people online. But how the Internet is used is also important; this group doesn’t just include passive ‘users’, it also includes authors, bloggers, designers and architects—that is, people who shape and design values into the Internet. This input will undoubtedly affect the Internet going forward, as Chinese institutions take on a greater role in shaping the Internet, in terms of policy, such as around freedom of expression and privacy, and practice, such as social and commercial uses, like shopping online. Most discussion of the Internet tends to emphasise technological change and ignore many aspects of the social changes that accompany the Internet’s evolution, such as this dramatic global shift in the concentration of…

Combating child pornography and child abuse is a universal and legitimate concern. With regard to this subject there is a worldwide consensus that action must be undertaken in order to punish abusers and protect children.

The recent announcement by ‘Anonymous Belgium’ (above) that they would 'liberate the Belgian Web' on 15 July 2013 in response to blocking of websites by the Belgian government was revealed to be a promotional stunt by a commercial law firm wanting to protest non-transparent blocking of online content.

Ed: European legislation introduced in 2011 requires Member States to ensure the prompt removal of child pornography websites hosted in their territory and to endeavour to obtain the removal of such websites hosted outside; leaving open the option to block access by users within their own territory. What is problematic about this blocking? Authors: From a technical point of view, all possible blocking methods that could be used by Member States are ineffective as they can all be circumvented very easily. The use of widely available technologies (like encryption or proxy servers) or tiny changes in computer configurations (for instance the choice of DNS-server), that may also be used for better performance or the enhancement of security or privacy, enable circumvention of blocking methods. Another problem arises from the fact that this legislation only targets website content while offenders often use other technologies such as peer-to-peer systems, newsgroups or email. Ed: Many of these blocking activities stem from European efforts to combat child pornography, but you suggest that child protection may be used as a way to add other types of content to lists of blocked sites—notably those that purportedly violate copyright. Can you explain how this “mission creep” is occurring, and what the risks are? Authors: Combating child pornography and child abuse is a universal and legitimate concern. With regard to this subject there is a worldwide consensus that action must be undertaken in order to punish abusers and protect children. Blocking measures are usually advocated on the basis of the argument that access to these images must be prevented, hence avoiding that users stumble upon child pornography inadvertently. Whereas this seems reasonable with regard to this particular type of content, in some countries governments increasingly use blocking mechanisms for other ‘illegal’ content, such as gambling or copyright-infringing content, often in a very non-transparent way, without clear or established procedures. It is, in our view, especially important at a…