0:00:01.333,0:00:04.870 >> Good afternoon again[br]and welcome to GW. 0:00:04.870,0:00:08.340 My name is David Dolling and[br]I'm the Dean of the School 0:00:08.340,0:00:10.543 of Engineering and[br]Applied Science here 0:00:10.543,0:00:13.379 at the George Washington[br]University. 0:00:13.379,0:00:16.415 I don't think it would[br]be news to anybody 0:00:16.415,0:00:19.718 that there's been a lot of[br]documents out there recently 0:00:19.718,0:00:21.520 with respect to cyber security. 0:00:21.520,0:00:25.024 We've seen the White[br]House's executive order aimed 0:00:25.024,0:00:27.960 at protecting our[br]critical infrastructure. 0:00:27.960,0:00:31.464 We've seen a report from the[br]Security Company Mandiant 0:00:31.464,0:00:34.733 that exposed a Chinese[br]military hacking group. 0:00:34.733,0:00:37.903 And very much in the news[br]now although it's faded 0:00:37.903,0:00:41.540 after the press conference[br]yesterday afternoon have been 0:00:41.540,0:00:44.810 documents related[br]to NSA's prison 0:00:44.810,0:00:47.813 and telephone surveillance[br]programs. 0:00:47.813,0:00:49.849 Well today, we are[br]very fortunate 0:00:49.849,0:00:51.684 that have several[br]experts with us 0:00:51.684,0:00:55.721 to discuss their various[br]view points on surveillance 0:00:55.721,0:00:59.291 on cyber security and the[br]future of the internet. 0:00:59.291,0:01:04.063 As we try to be secure[br]while protecting privacy, 0:01:04.063,0:01:08.534 we do need to be guided by[br]knowledge from many disciplines 0:01:08.534,0:01:12.238 and in fact, this was stated[br]quite explicitly last December 0:01:12.238,0:01:16.308 at the launch of the GW[br]Cyber Security Initiative. 0:01:16.308,0:01:18.210 The initiative's chairman, 0:01:18.210,0:01:22.581 former DHS Secretary Michael[br]Chertoff spoke of the need 0:01:22.581,0:01:26.385 for university's[br]like ours and others 0:01:26.385,0:01:29.622 to give students an[br]understanding of the triad 0:01:29.622,0:01:33.726 of technology, business[br]policy and how they interact 0:01:33.726,0:01:37.897 to create difficult cyber[br]security challenges. 0:01:37.897,0:01:41.066 While I'm on the podium here,[br]I'd like to just take advantage 0:01:41.066,0:01:44.837 of a captive audience because I[br]know you all too polite to cheer 0:01:44.837,0:01:49.341 or get up and move out to say[br]a few things about the School 0:01:49.341,0:01:51.911 of Engineering and[br]Applied Science here at GW 0:01:51.911,0:01:55.881 which is a very thriving[br]and growing enterprise. 0:01:55.881,0:01:58.484 Our Department of[br]Computer Science 0:01:58.484,0:02:01.954 in fact anticipated[br]Secretary Chertoff's remarks 0:02:01.954,0:02:05.724 by launching last fall[br]the Master of Science 0:02:05.724,0:02:09.728 in Cyber security in our[br]Computer Science Department. 0:02:09.728,0:02:10.930 It's the first program 0:02:10.930,0:02:14.366 in Washington DC designed[br]specifically to respond 0:02:14.366,0:02:16.936 to the large and[br]fast growing need 0:02:16.936,0:02:20.573 for technical cyber[br]security experts locally, 0:02:20.573,0:02:24.310 nationally, and internationally. 0:02:24.310,0:02:28.981 Underscoring our commitment[br]here to cyber security education 0:02:28.981,0:02:32.218 and public service, our NSF 0:02:32.218,0:02:36.488 and DHS sponsored CyberCorps[br]scholarship programs. 0:02:36.488,0:02:39.925 These programs fund students who[br]are going to be future leaders 0:02:39.925,0:02:42.995 in the federal government[br]on cyber security 0:02:42.995,0:02:46.131 and indeed some of[br]them already are. 0:02:46.131,0:02:49.668 Each week, the CyberCorps[br]students meet in class often 0:02:49.668,0:02:52.671 with current or former[br]federal employees as well 0:02:52.671,0:02:54.807 as industry experts to learn 0:02:54.807,0:02:58.510 about the major cyber security[br]issues so they're prepared 0:02:58.510,0:03:00.980 to meet the challenges that[br]will certainly great them 0:03:00.980,0:03:04.183 after they graduate[br]here and take jobs. 0:03:04.183,0:03:06.885 This course which was[br]previously only available 0:03:06.885,0:03:11.423 to CyberCorps students is now[br]available to all GW students 0:03:11.423,0:03:14.760 as a hybrid cause[br]conducted mostly online 0:03:14.760,0:03:15.961 with the short intensive 0:03:15.961,0:03:18.897 in person learning[br]experience or the beginning. 0:03:18.897,0:03:22.635 Starting next year,[br]some doctor or students 0:03:22.635,0:03:24.336 in the graduate school[br]of education 0:03:24.336,0:03:27.406 and human development[br]here at GW on human 0:03:27.406,0:03:31.243 and organizational learning[br]will also be taking this class a 0:03:31.243,0:03:34.647 required part of their[br]cyber security focus. 0:03:34.647,0:03:37.049 Well, let me say that[br]today's event which looks 0:03:37.049,0:03:39.218 to be very well populated[br]and looks like it's going 0:03:39.218,0:03:41.553 to be very interesting[br]is sponsored 0:03:41.553,0:03:44.890 by the cyber security policy[br]in research institute. 0:03:44.890,0:03:48.227 We abbreviate that around[br]here to CSPRI of the School 0:03:48.227,0:03:50.396 of Engineering and[br]Applied Science. 0:03:50.396,0:03:54.166 In addition to overseeing[br]the CyberCorps program, 0:03:54.166,0:03:58.337 it facilitates and execute[br]into disciplinary research 0:03:58.337,0:04:01.740 in education in cyber[br]security across GW. 0:04:01.740,0:04:04.810 One example of this is its[br]work with the graduate school 0:04:04.810,0:04:07.680 of education in human[br]development supporting the 0:04:07.680,0:04:10.983 national cyber watch[br]center in a joint project 0:04:10.983,0:04:14.687 to develop the nation[br]cyber security workforce. 0:04:14.687,0:04:16.922 More information on that program 0:04:16.922,0:04:20.526 on CSPRI Cyber Security[br]Scholarships and School 0:04:20.526,0:04:22.594 of Engineering and Applied[br]Science can be found 0:04:22.594,0:04:26.999 in the material available[br]the registration desk. 0:04:26.999,0:04:29.368 We're happy to have[br]as a cosponsor 0:04:29.368,0:04:34.473 of this event today the internet[br]society and it's my pleasure 0:04:34.473,0:04:37.209 to now introduced Paul[br]Brigner, Regional Director 0:04:37.209,0:04:41.680 of the North American Bureau at[br]the Internet Society to come up 0:04:41.680,0:04:44.116 and tell you a few[br]words about it 0:04:44.116,0:04:46.618 and its role and[br]in today's event. 0:04:46.618,0:04:49.488 So, on behalf of GW, the[br]School of Engineering 0:04:49.488,0:04:51.657 and Applied Science,[br]CSPRI and the Department 0:04:51.657,0:04:54.159 Of Computer Science,[br]welcome to GW 0:04:54.159,0:04:56.061 and I hope you have[br]a great afternoon. 0:04:56.061,0:04:57.529 Thank you. 0:04:57.529,0:05:00.966 [ Applause ] 0:05:00.966,0:05:10.042 [ Pause ] 0:05:11.043,0:05:12.644 >> Thank you Dr.[br]Dolling and thank you 0:05:12.644,0:05:15.514 to the George Washington[br]Cyber Security Policy 0:05:15.514,0:05:17.249 And Research Institute[br]for partnering 0:05:17.249,0:05:18.884 with us on this event today. 0:05:18.884,0:05:22.187 And thanks to all of[br]you for joining us 0:05:22.187,0:05:25.924 and that means not everyone here[br]in the room but also to those 0:05:25.924,0:05:28.761 who are at a remote[br]hub in New York City. 0:05:28.761,0:05:30.062 That remote hub is[br]being sponsored 0:05:30.062,0:05:32.364 by the internet societies[br]New York chapter. 0:05:32.364,0:05:33.932 I know we don't have[br]a good view of them 0:05:33.932,0:05:35.968 with the camera right[br]now but what's going 0:05:35.968,0:05:37.503 to happen is they[br]will walk up to 0:05:37.503,0:05:40.239 that camera and ask questions. 0:05:40.239,0:05:42.508 And by the way, they've[br]been meeting 0:05:42.508,0:05:44.276 on this topic already[br]this morning. 0:05:44.276,0:05:46.044 They've had their[br]own meetings today, 0:05:46.044,0:05:49.314 so maybe that gives you an idea[br]of how passionate that group 0:05:49.314,0:05:52.050 of individual is about[br]the topics we will be 0:05:52.050,0:05:53.419 discussing though. 0:05:53.419,0:05:56.221 So, thank you to the New York[br]chapter for getting together 0:05:56.221,0:05:59.425 to join us as remote hub. 0:05:59.425,0:06:01.794 And definitely, thank you[br]to all those on live stream. 0:06:01.794,0:06:04.296 We have a very good crowd[br]already gathering on live stream 0:06:04.296,0:06:08.634 to watch us from[br]all over the world. 0:06:08.634,0:06:11.570 My first order of business today[br]is makes sure that you're aware 0:06:11.570,0:06:12.971 of the internet society. 0:06:12.971,0:06:15.974 If this is the first time you're[br]joining from one of our events, 0:06:15.974,0:06:19.011 we are a global nonprofit[br]cost driven organization 0:06:19.011,0:06:21.013 with a very straight[br]forward vision. 0:06:21.013,0:06:24.383 That is the internet[br]is for everyone. 0:06:24.383,0:06:26.618 We work to achieve that vision 0:06:26.618,0:06:29.288 by promoting the open[br]development evolution and use 0:06:29.288,0:06:30.289 of the internet for the benefit 0:06:30.289,0:06:32.658 of tall people throughout[br]the world. 0:06:32.658,0:06:36.628 Some of our key functions[br]involve facilitating the open 0:06:36.628,0:06:39.665 development of standards,[br]protocols, administration 0:06:39.665,0:06:42.768 and a technical infrastructure[br]of the internet. 0:06:42.768,0:06:47.039 Supporting internet education[br]in developing countries. 0:06:47.039,0:06:49.775 Promoting professional[br]development in community meeting 0:06:49.775,0:06:52.578 to faster greater[br]participation and leadership 0:06:52.578,0:06:55.547 in areas important to the[br]evolution of the internet 0:06:55.547,0:06:58.650 and fostering an environment[br]for international cooperation, 0:06:58.650,0:06:59.952 community and a culture 0:06:59.952,0:07:03.589 that enables internet[br]self governance. 0:07:03.589,0:07:07.292 Well, I saw staff lead specific[br]projects on these topics. 0:07:07.292,0:07:09.761 Much of our work is achieved[br]through the work of our members 0:07:09.761,0:07:12.364 and chapters around the world. 0:07:12.364,0:07:14.299 And speaking of chapters, 0:07:14.299,0:07:16.034 I would like to give[br]special recognition 0:07:16.034,0:07:18.604 to the local DC chapter. 0:07:18.604,0:07:21.440 I am very fortunate that our[br]headquarters is just not far 0:07:21.440,0:07:24.676 away in western Virginia so[br]I'm able to interact personally 0:07:24.676,0:07:27.513 with our DC chapter[br]on a regular basis. 0:07:27.513,0:07:28.747 And I can attest to the fact 0:07:28.747,0:07:30.716 that they are really a[br]first class group of people 0:07:30.716,0:07:34.386 that regularly hold very[br]interesting meetings related 0:07:34.386,0:07:36.488 to the internet societies[br]mission. 0:07:36.488,0:07:38.724 So, if you're a local[br]and you're not involve, 0:07:38.724,0:07:41.693 you're really missing out, I[br]do hope you will get involved. 0:07:41.693,0:07:44.129 And if the leaders who are here 0:07:44.129,0:07:47.432 from the internet society DC[br]chapter would stand briefly, 0:07:47.432,0:07:50.102 I just want to make sure[br]that you're recognized. 0:07:51.069,0:07:52.571 So, great. 0:07:52.571,0:07:54.072 So, you know who they are. 0:07:54.072,0:07:55.908 Please make a special[br]effort to talk 0:07:55.908,0:07:57.409 to them today during[br]this event if you'd 0:07:57.409,0:07:59.511 like to get involve[br]with the chapter. 0:07:59.511,0:08:03.181 [ Pause ] 0:08:03.181,0:08:06.385 One of my key functions[br]at the internet society is 0:08:06.385,0:08:08.587 to work closely with our[br]chapters in the region not only 0:08:08.587,0:08:12.324 to plan iNET events like this[br]but to assist with their events 0:08:12.324,0:08:16.695 and to have an open[br]dialogue on policy issues. 0:08:16.695,0:08:19.197 That dialogue in turn[br]helps me and my colleagues 0:08:19.197,0:08:22.501 at the internet society to form[br]our policy positions and help 0:08:22.501,0:08:24.503 to set the agenda for[br]our regional meetings 0:08:24.503,0:08:26.638 like the one we are[br]attending today 0:08:26.638,0:08:29.341 and that brings me[br]to today's agenda. 0:08:29.341,0:08:31.743 The topic of this iNET[br]has really been driven 0:08:31.743,0:08:33.278 by the interest of our members 0:08:33.278,0:08:36.347 in the North American[br]region and around the world. 0:08:36.347,0:08:39.918 It so happens today that one of[br]our panelist is the President 0:08:39.918,0:08:41.186 and Chief Executive Officer 0:08:41.186,0:08:44.623 of the internet society[br]that's Lynn St. Amour. 0:08:44.623,0:08:46.658 So, she will have[br]the opportunity 0:08:46.658,0:08:50.262 to address the concerns[br]of our constituency today. 0:08:50.262,0:08:53.065 Now, without further delay, 0:08:53.065,0:08:56.134 I would like to introduce[br]Professors Lance Hoffman. 0:08:56.134,0:09:00.772 He is the Director of the Cyber[br]Security Research and Policy-- 0:09:00.772,0:09:02.774 I'm sorry, the Cyber[br]Security Policy 0:09:02.774,0:09:06.044 and Research Institute here at[br]George Washington University. 0:09:06.044,0:09:10.315 I first met Professor Hoffman[br]when he sponsored a debate 0:09:10.315,0:09:14.286 on PIPA and SOPA and[br]I knew that he was, 0:09:14.286,0:09:16.922 based on that experience, I[br]knew that he was game to talk 0:09:16.922,0:09:19.358 about some very controversial[br]topics. 0:09:19.358,0:09:21.927 So, I guessed right, he[br]was interested in talking 0:09:21.927,0:09:24.596 about this one as well and[br]it's been really a pleasure 0:09:24.596,0:09:26.198 to partner with him[br]on this event. 0:09:26.198,0:09:30.268 So, I want to sincerely[br]thank you for that. 0:09:30.268,0:09:32.170 It's really been a[br]great experience. 0:09:32.170,0:09:35.173 I'd also like to thank all[br]of our fantastic panelist 0:09:35.173,0:09:36.642 who have agreed to[br]speak here today. 0:09:36.642,0:09:38.810 We really have an all[br]star group of people 0:09:38.810,0:09:41.513 who have taken their time out[br]to share their views with you. 0:09:41.513,0:09:44.783 I'd like them all to come up[br]and take their sits on stage now 0:09:44.783,0:09:47.152 if they would and I[br]will turn this event 0:09:47.152,0:09:48.987 over to Professor Hoffman. 0:09:48.987,0:09:53.325 One thing I forgot to mention[br]is that if you want to Twitter 0:09:53.325,0:09:54.559 or tweet about this event, 0:09:54.559,0:09:59.164 please use the hashtag[br]iNET DC, iNET DC. 0:09:59.164,0:10:01.500 Thank you all over much. 0:10:01.500,0:10:07.005 [ Applause ] 0:10:07.005,0:10:16.081 [ Noise ] 0:10:18.517,0:10:27.592 [ Inaudible Discussion ] 0:10:35.867,0:10:37.269 >> Good afternoon everybody. 0:10:37.269,0:10:43.375 Let me add my welcome to that of[br]Dean Dolling and to Paul Brigner 0:10:43.375,0:10:46.178 and let me also thank the[br]internet society, our cosponsor 0:10:46.178,0:10:48.447 for this event for[br]their programmatic 0:10:48.447,0:10:51.049 and financial assistance[br]in making it possible. 0:10:51.049,0:10:55.754 I also want to thank from[br]CSPRI, my Associate Director, 0:10:55.754,0:10:59.458 Dr. Costis Toregas and our[br]intern and research assistance 0:10:59.458,0:11:02.694 who have worked on this and are[br]helping here today tray hair 0:11:02.694,0:11:03.929 [phonetic] Dustin[br]Benanberg [assumed spelling], 0:11:03.929,0:11:04.896 Jaime Moore [assumed spelling], 0:11:04.896,0:11:06.698 and Greg Ziegler[br][assumed spelling]. 0:11:06.698,0:11:11.069 My role today is to set the[br]stage for our excellent panel 0:11:11.069,0:11:14.406 and into moderate that panel[br]discussion on cyber security 0:11:14.406,0:11:17.976 in the future of the internet[br]given the recent revelations 0:11:17.976,0:11:20.812 about prism and other[br]surveillance programs. 0:11:20.812,0:11:23.915 The panelist of each degree[br]to summarize their thoughts 0:11:23.915,0:11:26.952 in a four minute statements[br]so we could have lots of time 0:11:26.952,0:11:29.955 for questions from the[br]audience including the audience 0:11:29.955,0:11:31.590 in cyber space. 0:11:31.590,0:11:36.228 After the audience question and[br]answer session in a short break, 0:11:36.228,0:11:39.030 participants will return for[br]a very interesting session 0:11:39.030,0:11:42.667 around table discussion where[br]we will see their world views 0:11:42.667,0:11:45.170 on this, where there[br]world views agree, 0:11:45.170,0:11:50.542 and where there are tensions and[br]talk about this in a round table 0:11:50.542,0:11:52.477 which will be informed by[br]their previous statements 0:11:52.477,0:11:54.980 and the audience[br]questions before hand. 0:11:54.980,0:11:57.215 I'm delighted that[br]for this event, 0:11:57.215,0:12:00.318 we will have an experience[br]moderator Professor Steve 0:12:00.318,0:12:03.121 Roberts leading the[br]round table discussion. 0:12:03.121,0:12:06.124 Many of the students and[br]faculty here may recognize Steve 0:12:06.124,0:12:07.659 as the superior professor[br]of media 0:12:07.659,0:12:10.529 and public affairs here at GW. 0:12:10.529,0:12:12.998 But others including[br]those viewing on this 0:12:12.998,0:12:15.267 on the internet maybe[br]more familiar with him 0:12:15.267,0:12:17.002 from his appearances[br]as a commentator 0:12:17.002,0:12:19.671 on many Washington[br]based television shows, 0:12:19.671,0:12:22.707 as a political analyst[br]on the ABC radio network, 0:12:22.707,0:12:26.311 and as a substitute host[br]on NPR Diane Rehm Show. 0:12:26.311,0:12:29.514 Another rule where he-- this[br]is material from experts 0:12:29.514,0:12:33.785 and clarifies it to facilitate[br]informed public discussion. 0:12:33.785,0:12:36.087 But before the round table, 0:12:36.087,0:12:38.056 let me identify the[br]participants on stage. 0:12:38.056,0:12:40.792 We will not have lengthy[br]introductions here 0:12:40.792,0:12:44.329 since their bio sketches have[br]been made available to you 0:12:44.329,0:12:48.700 in the brochure which you[br]have gotten or can get 0:12:48.700,0:12:50.702 at the registration desk. 0:12:50.702,0:12:55.841 But anyway, let me[br]introduce very briefly 0:12:55.841,0:12:59.411 and you see their name[br]tags in front of you, 0:12:59.411,0:13:02.480 Danny Weitzner is the[br]Director and Cofounder 0:13:02.480,0:13:04.216 of the MIT Computer Science 0:13:04.216,0:13:07.252 and Artificial Intelligence[br]Laboratory. 0:13:07.252,0:13:10.255 >> Not the whole lab. 0:13:10.255,0:13:13.024 >> Not the whole lab? 0:13:13.024,0:13:15.260 >> I'll explain. 0:13:15.260,0:13:18.430 >> OK. Lynn St. Amour[br]is the President and CEO 0:13:18.430,0:13:20.432 of the Internet Society. 0:13:20.432,0:13:23.335 Let's see, who's next. 0:13:23.335,0:13:25.604 Laura, Laura DeNardis[br]is professor of School 0:13:25.604,0:13:28.573 of Communication at[br]American University. 0:13:28.573,0:13:32.611 Melissa Hathaway is President of[br]the Hathaway Global Strategies. 0:13:32.611,0:13:33.912 Let's see. 0:13:33.912,0:13:35.747 Who's down there? 0:13:35.747,0:13:38.183 I don't have you on my list. 0:13:38.183,0:13:39.618 >> Oh no. 0:13:39.618,0:13:40.886 >> I apologize. 0:13:40.886,0:13:42.020 >> That would me. 0:13:42.020,0:13:43.088 >> Oh Randy, of course. 0:13:43.088,0:13:45.757 Randy from-- I don't have here. 0:13:45.757,0:13:47.826 I mean, OK. 0:13:47.826,0:13:50.295 Randy-- where are you from? 0:13:50.295,0:13:51.363 I'll let you introduce yourself. 0:13:51.363,0:13:51.997 I'm sorry. 0:13:51.997,0:13:53.098 [Inaudible Remark] 0:13:53.098,0:13:53.999 >> I'm the University[br]IT Security Officer 0:13:53.999,0:13:54.933 at Virginia Tech. 0:13:54.933,0:13:56.134 >> I didn't want[br]it to get it wrong 0:13:56.134,0:13:58.270 and say something[br]wrong-- wrong university. 0:13:58.270,0:13:59.638 Sorry Randy. 0:13:59.638,0:14:01.573 OK, let's see. 0:14:01.573,0:14:04.809 Leslie Harris is from Center[br]for Democracy and Technology. 0:14:04.809,0:14:07.512 And last but not the least,[br]John Curran, President and CEO 0:14:07.512,0:14:10.615 of American Registry[br]for Internet Numbers. 0:14:10.615,0:14:15.687 OK, so without further ado, I am[br]going to suggest to be each go 0:14:15.687,0:14:19.257 down the-- I have to[br]decide, I'm going to leave it 0:14:19.257,0:14:24.896 to I guess either Danny or[br]John on who wants to go first. 0:14:24.896,0:14:25.397 >> No, no, no. 0:14:25.397,0:14:25.830 Go ahead. 0:14:25.830,0:14:26.264 >> John? 0:14:26.264,0:14:26.698 >> OK. 0:14:26.698,0:14:27.332 >> OK? 0:14:27.332,0:14:28.333 >> OK John, go on. 0:14:28.333,0:14:29.134 Four minutes please. 0:14:29.134,0:14:30.468 >> Well, thank you. 0:14:30.468,0:14:33.471 I'm happy to be here and I[br]want to thank the opportunity 0:14:33.471,0:14:35.607 to present at this panel. 0:14:35.607,0:14:38.610 Keeping my remark short,[br]I will say that we're 0:14:38.610,0:14:43.081 in an interesting period of[br]time with respect to the future 0:14:43.081,0:14:46.151 of the internet and[br]how it's governed. 0:14:46.151,0:14:49.354 People may not realize[br]it but the fact is, 0:14:49.354,0:14:52.424 there is a coordination[br]function that's existed 0:14:52.424,0:14:55.994 since the earliest days of the[br]internet which is necessary 0:14:55.994,0:14:58.563 so that we can actually[br]use the internet 0:14:58.563,0:15:00.265 so that it actually functions. 0:15:00.265,0:15:01.800 For example, computers 0:15:01.800,0:15:04.769 on the internet have[br]unique identifiers. 0:15:04.769,0:15:07.505 Several, actually, one of[br]them is the IP addresses 0:15:07.505,0:15:08.773 which is part of what[br]Aaron [assumed spelling] is 0:15:08.773,0:15:10.008 involved in. 0:15:10.008,0:15:12.877 We can't have computers[br]using the same IP addresses. 0:15:12.877,0:15:15.313 Every computer needs[br]its own IP address. 0:15:15.313,0:15:18.583 Likewise, there's coordination[br]of things like domain names 0:15:18.583,0:15:20.385 to make sure that a[br]domain name is a sign 0:15:20.385,0:15:23.154 to one organization,[br]et cetera, et cetera. 0:15:23.154,0:15:25.724 This is called technical[br]coordination 0:15:25.724,0:15:29.594 and it's been a function of the[br]internet, necessary function 0:15:29.594,0:15:32.364 for the protocols[br]to work as designed 0:15:32.364,0:15:33.865 since the very beginning. 0:15:33.865,0:15:36.634 People may not realize that[br]this use to all be done 0:15:36.634,0:15:41.639 by one gentlemen, Dr. Jon Postel[br]who we no longer have with us 0:15:41.639,0:15:43.541 but was an amazing individual. 0:15:43.541,0:15:46.878 And in the late '90s, we[br]actually went about setting 0:15:46.878,0:15:51.149 up infrastructure to enable[br]this technical coordination 0:15:51.149,0:15:56.054 so that IP addresses and[br]domain names could be available 0:15:56.054,0:15:59.657 to everyone globally for[br]their use on the internet 0:15:59.657,0:16:02.293 but coordinated so that[br]they actually interoperated 0:16:02.293,0:16:05.764 so that they work as expected. 0:16:05.764,0:16:08.266 This structure involves[br]a lot of organizations. 0:16:08.266,0:16:11.503 Aaron is one, there're five[br]regional registries throughout 0:16:11.503,0:16:12.904 the globe. 0:16:12.904,0:16:15.373 Aaron is the one that handles[br]North America, so with Canada, 0:16:15.373,0:16:17.742 the United States and about[br]half of the Caribbean. 0:16:17.742,0:16:20.311 Though there are four[br]other regional registries 0:16:20.311,0:16:22.914 and then there is the DNS[br]coordination that goes 0:16:22.914,0:16:25.784 on through organizations[br]such as ICANN. 0:16:25.784,0:16:27.419 The international[br]coo-- [laughs]. 0:16:27.419,0:16:32.424 Sorry. International--[br][Noise] -- 0:16:32.424,0:16:34.826 Organization for assigned[br]Names and Numbers. 0:16:34.826,0:16:39.064 So, the fact is that these[br]bodies all work doing technical 0:16:39.064,0:16:41.399 coordination is very important. 0:16:41.399,0:16:46.438 But, they've been doing it based[br]on a historical trajectory. 0:16:46.438,0:16:49.874 A trajectory that originated[br]with projects and programs 0:16:49.874,0:16:51.643 out of the US government[br]which have 0:16:51.643,0:16:55.346 since been increasingly[br]moved out to independence 0:16:55.346,0:16:56.748 but were not quite there yet. 0:16:56.748,0:17:02.787 In fact, some of you maybe aware[br]that these organizations were 0:17:02.787,0:17:07.959 under supervision somewhat[br]indirect but still supervision 0:17:07.959,0:17:12.564 of program such as NTIA in[br]the department of commerce. 0:17:12.564,0:17:16.501 And so, one of the things that[br]we now find ourselves facing is 0:17:16.501,0:17:19.771 that there is a unique[br]role in the US government 0:17:19.771,0:17:21.372 with respect to the internet. 0:17:21.372,0:17:26.344 And this unique role is one that[br]is based on-- it's experienced. 0:17:26.344,0:17:29.581 It's a steady hand,[br]behind the scenes, 0:17:29.581,0:17:31.449 helping the internet[br]mature and grow. 0:17:31.449,0:17:35.487 Recently however, we've now[br]seen that there's another hand 0:17:35.487,0:17:37.455 that maybe busy doing[br]other things 0:17:37.455,0:17:41.326 such as surveillance[br]in cyber security. 0:17:41.326,0:17:44.662 And so, the question that comes[br]up is how do we reconcile those? 0:17:44.662,0:17:50.535 How do we reconcile an open[br]global transparent internet run 0:17:50.535,0:17:53.805 for everyone with[br]the possibility 0:17:53.805,0:17:58.309 that there is also surveillance[br]going on and other things 0:17:58.309,0:18:00.578 that may not meet[br]the expectations 0:18:00.578,0:18:02.280 of global internet users. 0:18:02.280,0:18:05.483 And so, this is the[br]challenge in front of us. 0:18:05.483,0:18:08.820 It's particularly[br]highlighted because of the fact 0:18:08.820,0:18:12.257 that the US governments[br]unique oversight role in this 0:18:12.257,0:18:14.159 and it's brought[br]to the forefront 0:18:14.159,0:18:19.597 by the recent discussions where[br]we now say that it is not simply 0:18:19.597,0:18:21.533 for the benefit of[br]all the internet, 0:18:21.533,0:18:24.836 but there's also some[br]national priorities 0:18:24.836,0:18:29.040 and national initiatives that[br]the US government also pursues 0:18:29.040,0:18:30.708 over the same infrastructure. 0:18:30.708,0:18:34.312 I think that's the challenge[br]that we will now face more 0:18:34.312,0:18:36.481 so than ever in light[br]of the revelations 0:18:36.481,0:18:40.151 for the last few months and[br]the net result would be a lot 0:18:40.151,0:18:42.086 of the discussion in[br]forum such as this. 0:18:42.086,0:18:43.521 Thank you. 0:18:43.521,0:18:44.622 >> Thank you and I'll try 0:18:44.622,0:18:46.724 to make this iPhone[br]behave a little better-- 0:18:46.724,0:18:47.292 >> OK. 0:18:47.292,0:18:48.126 >> Although-- 0:18:48.126,0:18:48.960 >> I thought I was over on time. 0:18:48.960,0:18:50.061 >> Yes. 0:18:50.061,0:18:51.396 >> You were right on[br]time, you were great. 0:18:51.396,0:18:51.896 >> OK. 0:18:51.896,0:18:52.597 >> Leslie? 0:18:52.597,0:18:55.099 >> It's time, I guess. 0:18:55.099,0:18:58.970 So, I also want to get us out[br]of the DC bubble and the focus 0:18:58.970,0:19:01.573 on the rights of people[br]in the United States. 0:19:01.573,0:19:04.275 I've been talking about[br]that for the last six weeks. 0:19:04.275,0:19:08.079 And congresses about to[br]considering an amendment that's 0:19:08.079,0:19:10.081 going to reign in[br]the NSAs ability 0:19:10.081,0:19:13.451 to collect our metadata[br]from phones. 0:19:13.451,0:19:16.287 I want to pivot away from that[br]'cause I think there're three 0:19:16.287,0:19:19.324 other things that we ought[br]to be considering at least. 0:19:19.324,0:19:23.027 What-- and the reactions of[br]governments and internet users 0:19:23.027,0:19:26.364 around the world and what this[br]means with the architecture, 0:19:26.364,0:19:29.300 not just the governance, the[br]architecture of the internet 0:19:29.300,0:19:31.703 and also for the[br]protection of human rights 0:19:31.703,0:19:33.838 of global internet[br]users and that turns 0:19:33.838,0:19:35.673 out to be a very[br]thorny question. 0:19:35.673,0:19:37.208 Certainly for governments, 0:19:37.208,0:19:40.545 I think this entire kerfuffle[br]is reinforced the concerns 0:19:40.545,0:19:44.115 that the global internet has[br]undermined their sovereignty 0:19:44.115,0:19:46.417 in control over their citizens. 0:19:46.417,0:19:48.586 And it's further[br]illuminated this sort 0:19:48.586,0:19:52.557 of privileged position[br]of the United States. 0:19:52.557,0:19:54.926 Certainly, with respect[br]to ICANN and some 0:19:54.926,0:19:56.894 of the other critical resources, 0:19:56.894,0:20:00.198 we continue to have a[br]disproportionate share 0:20:00.198,0:20:03.067 of internet traffic, all[br]that's declining and obviously, 0:20:03.067,0:20:06.104 we have a dominance in our[br]global internet companies. 0:20:06.104,0:20:10.608 For some, and the EUs, I[br]think I have a good example, 0:20:10.608,0:20:12.944 this illuminates[br]left an inability 0:20:12.944,0:20:15.346 to protect the human[br]rights of their own citizens 0:20:15.346,0:20:19.751 and we have a major fight coming[br]up in the data directive there 0:20:19.751,0:20:21.786 about whether they're[br]going to allow data to come 0:20:21.786,0:20:24.255 to the United States at all. 0:20:24.255,0:20:29.527 At the same time, it's an[br]extraordinary opportunity 0:20:29.527,0:20:34.265 for authoritarian governments[br]to exert more control 0:20:34.265,0:20:38.569 over the people in data in their[br]own boarders and it's, you know, 0:20:38.569,0:20:42.707 rushes now dusting of a[br]legislation that has to do 0:20:42.707,0:20:44.042 with national servers. 0:20:44.042,0:20:45.977 You're going to see[br]that elsewhere as well 0:20:45.977,0:20:49.414 and I think it's fair to worry[br]whether this carefully honed 0:20:49.414,0:20:55.386 narrative as US narrative of the[br]why is trusted neutral stored 0:20:55.386,0:20:58.489 of the internet can[br]really hold and it's fair 0:20:58.489,0:21:00.992 to ask whether we're moving[br]towards the balkanization 0:21:00.992,0:21:04.762 of the internet as[br]government sees these moment 0:21:04.762,0:21:08.333 to impost local server[br]requirements or worse 0:21:08.333,0:21:12.003 and we saw some of these[br]proposals last year. 0:21:12.003,0:21:14.872 I know we're supposed to be[br]acronym free at the wicked. 0:21:14.872,0:21:17.975 I'll explain-- routing[br]requirements 0:21:17.975,0:21:21.646 to either avoid the[br]United States of literally 0:21:21.646,0:21:23.314 to direct the routing of traffic 0:21:23.314,0:21:27.251 and the worst outcome[br]being literally ring fans 0:21:27.251,0:21:30.254 to national or regional[br]networks. 0:21:30.254,0:21:33.291 If I were in Latin America and[br]notice that there was 80 percent 0:21:33.291,0:21:36.327 of my traffic still coming[br]from the United States, 0:21:36.327,0:21:39.764 I may start to wonder why[br]we're still relying on Miami 0:21:39.764,0:21:41.132 to reach most of the world. 0:21:41.132,0:21:44.469 Some of that might be[br]a weird salutary effect 0:21:44.469,0:21:48.272 that we finally get internet[br]exchange points in some places 0:21:48.272,0:21:50.842 that have not had them. 0:21:50.842,0:21:54.379 But I think governments becoming[br]involved directly in the rooting 0:21:54.379,0:21:57.915 of internet data would[br]opposed a profound challenge 0:21:57.915,0:22:00.184 to the open end-to-end internet 0:22:00.184,0:22:02.920 and I think all these things[br]are going to be on the table. 0:22:02.920,0:22:06.057 I think you are also kind of[br]expect to see a reexamination 0:22:06.057,0:22:07.592 of the world's relationships 0:22:07.592,0:22:10.661 with our cloud providers,[br]already seeing that. 0:22:10.661,0:22:13.197 You know, there's a Netherlands[br]provider and no prism, 0:22:13.197,0:22:15.867 no surveillance, no[br]government backdoors. 0:22:15.867,0:22:21.939 And finally, I think we may have[br]lost some of the rapprochement 0:22:21.939,0:22:25.743 that happened in the governance[br]wars in the last year. 0:22:25.743,0:22:29.313 There are number of important[br]forums and discussions coming 0:22:29.313,0:22:31.082 up about various treaties 0:22:31.082,0:22:33.584 and how much various treaty[br]buddies ought to be able 0:22:33.584,0:22:36.154 to impose their-- 0:22:36.154,0:22:39.924 post themselves into internet[br]debates, I think we're going 0:22:39.924,0:22:41.092 to lose some ground there 0:22:41.092,0:22:44.395 and it could be I[br]think quite troubling. 0:22:44.395,0:22:48.933 Last point, global[br]internet users are furious. 0:22:48.933,0:22:51.769 They believe their human[br]rights have been violated 0:22:51.769,0:22:53.638 and I think they[br]don't yet realize 0:22:53.638,0:22:56.174 that it's not entirely clear[br]whether they have any recourse 0:22:56.174,0:22:57.341 for that. 0:22:57.341,0:22:59.177 There's a lot of ambiguity[br]in human rights law. 0:22:59.177,0:23:01.479 Human rights law are[br]pretty much applies, 0:23:01.479,0:23:04.582 if countries make commitments[br]to protect the human rights 0:23:04.582,0:23:06.951 of people within their[br]boarders or their control, 0:23:06.951,0:23:10.188 I don't think we began to[br]understand or have any clarity 0:23:10.188,0:23:13.124 on how-- who's responsible[br]for human rights 0:23:13.124,0:23:15.159 where there's non-physical[br]action 0:23:15.159,0:23:17.061 such as electronic surveillance. 0:23:17.061,0:23:19.931 And they're not going to be[br]happy when they understand 0:23:19.931,0:23:21.933 that FISA and all[br]the conversations 0:23:21.933,0:23:25.837 in the United States about[br]safeguards and minimization are 0:23:25.837,0:23:28.840 to protect our rights but[br]have absolutely nothing 0:23:28.840,0:23:29.907 to do with them. 0:23:29.907,0:23:32.276 I don't think congress[br]is going to care. 0:23:32.276,0:23:34.712 But I think there's a[br]massive laws to respect 0:23:34.712,0:23:37.715 and when we're talking about[br]five zeta [inaudible] whatever 0:23:37.715,0:23:40.251 that is, a non-US[br]person data going 0:23:40.251,0:23:45.122 into a new Utah data center, I[br]think that the irony at the end 0:23:45.122,0:23:48.292 of the day will be that one 0:23:48.292,0:23:51.996 of the FISA permissible[br]activities is collecting 0:23:51.996,0:23:55.132 intelligence for foreign[br]affairs and foreign policy. 0:23:55.132,0:23:58.703 And I think at the end of[br]the day, we may see people 0:23:58.703,0:24:01.839 of the world uniting with[br]their governments around kinds 0:24:01.839,0:24:06.344 of restrictions and ring fencing[br]of the internet that will come 0:24:06.344,0:24:07.812 to both underlying rights 0:24:07.812,0:24:10.114 and undermine the[br]openness of the internet. 0:24:10.114,0:24:14.285 So, that is my anxious[br]persons guide to the-- 0:24:14.285,0:24:15.920 to what's been happening. 0:24:15.920,0:24:17.655 >> Thank you Leslie. 0:24:17.655,0:24:19.190 Randy? 0:24:19.190,0:24:24.061 >> How many of you noticed[br]accounted how many surveillance 0:24:24.061,0:24:28.032 devices you've past[br]to get to this room? 0:24:28.032,0:24:33.804 Yeah. I just walked in from the[br]restaurant a couple blocks away. 0:24:33.804,0:24:40.845 I counted 22 surveillance style[br]devices just in the walk outside 0:24:40.845,0:24:44.448 of this building and there's[br]at least in this room right now 0:24:44.448,0:24:48.386 that not counting your[br]smart phones and all that. 0:24:48.386,0:24:50.555 I hope you all can find the six 0:24:50.555,0:24:53.524 because they're pretty[br]obvious as to what they are. 0:24:53.524,0:24:57.828 My point on all of this[br]is that as a practitioner, 0:24:57.828,0:24:59.964 I'm the Sisa for Virginia Tech. 0:24:59.964,0:25:04.168 My office is responsible for[br]monitoring and responding 0:25:04.168,0:25:06.537 to any attacks against[br]our network infrastructure 0:25:06.537,0:25:07.838 at Virginia Tech. 0:25:07.838,0:25:09.907 We have our main campus down[br]the Blacksburg, Virginia. 0:25:09.907,0:25:11.842 It's about four and a[br]half hours from here. 0:25:11.842,0:25:13.477 We have a Northern[br]Virginia campus right 0:25:13.477,0:25:15.513 across the river in Boylston. 0:25:15.513,0:25:17.882 And so my charge,[br]my office is charged 0:25:17.882,0:25:20.718 to monitor any attacks[br]from there. 0:25:20.718,0:25:23.888 Anybody who has ever managed[br]an internet infrastructure has 0:25:23.888,0:25:25.990 known since the very beginning 0:25:25.990,0:25:29.493 that the internet has never[br]been anonymous in the sense 0:25:29.493,0:25:31.329 of tracking a machine. 0:25:31.329,0:25:34.465 From day 1, we've[br]always been able to track 0:25:34.465,0:25:35.666 where our machine was. 0:25:35.666,0:25:38.903 We were not able to track[br]who is at the machine 0:25:38.903,0:25:41.005 with any reasonable[br]amount of accuracy 0:25:41.005,0:25:44.241 but we've always been able[br]to track where machines are. 0:25:44.241,0:25:47.845 The big thing was of course[br]data, storage capabilities. 0:25:47.845,0:25:50.414 We didn't have enough[br]data storage capabilities, 0:25:50.414,0:25:51.349 disk drives. 0:25:51.349,0:25:53.618 In 1992, when I've[br]got involved-- 0:25:53.618,0:25:57.054 first involved with the computer[br]security stuff, you know, 0:25:57.054,0:25:59.557 we had a one gigabyte drive and[br]we thought that was, you know, 0:25:59.557,0:26:02.593 the entire disc storage[br]in the entire free world. 0:26:02.593,0:26:06.631 And, you know, nowadays, with[br]the huge disk forms that are 0:26:06.631,0:26:10.001 out there, that is allowing[br]this collection of data. 0:26:10.001,0:26:13.404 So, from our standpoint,[br]that's always been the case. 0:26:13.404,0:26:16.974 So, my challenge is,[br]you all let this happen. 0:26:16.974,0:26:21.379 You all let knew that this was[br]happening and you let it go on. 0:26:21.379,0:26:24.415 There is nothing new about the[br]prism stuff and all of these. 0:26:24.415,0:26:25.883 It's kind of ironic for people 0:26:25.883,0:26:28.719 in my world 'cause we all[br]sit back and we go, you know, 0:26:28.719,0:26:32.723 in 2010, the Washington[br]Posts, Dana Priest 0:26:32.723,0:26:35.292 and William Arkin wrote an[br]excellent series called Top 0:26:35.292,0:26:37.928 Secret America where[br]they're talking about all 0:26:37.928,0:26:39.563 of the built way companies 0:26:39.563,0:26:41.632 that are building the[br]surveillance technologies 0:26:41.632,0:26:44.602 that the federal government[br]and other entities are using. 0:26:44.602,0:26:47.471 All out there was an excellent[br]series on the newspaper 0:26:47.471,0:26:49.140 that I read it back then. 0:26:49.140,0:26:51.809 Newsweek came out in[br]2008 where they talked 0:26:51.809,0:26:55.546 about a whistle blower[br]who mentioned 0:26:55.546,0:26:59.784 about NSA's warrantless[br]wiretapping so to speak. 0:26:59.784,0:27:01.085 It was all out there. 0:27:01.085,0:27:03.754 If you go back and you look[br]through the press things, 0:27:03.754,0:27:07.291 there was always something[br]there and nobody reacted to it. 0:27:07.291,0:27:09.994 So, it's ironic from[br]my viewpoint 0:27:09.994,0:27:12.997 that everybody is having[br]this big flop about it now 0:27:12.997,0:27:15.900 because it's been there[br]and you let it happen. 0:27:15.900,0:27:19.937 So, my charge to you is don't[br]let it happen again, OK? 0:27:19.937,0:27:22.239 When you do read[br]about these things, 0:27:22.239,0:27:24.942 you need to influence your[br]legislatures about what's going 0:27:24.942,0:27:28.312 on 'cause they do not[br]understand the technology. 0:27:28.312,0:27:31.115 One quick example, in Virginia, 0:27:31.115,0:27:33.484 there's data bridge[br]notification laws 0:27:33.484,0:27:35.986 of social security is disclosed. 0:27:35.986,0:27:37.988 You know, somebody[br]gets a spreadsheet 0:27:37.988,0:27:40.224 and it explodes out there. 0:27:40.224,0:27:44.028 Yet I can go to a county[br]courthouse website and look 0:27:44.028,0:27:47.331 up public records deeds,[br]divorce decrees, whatever, 0:27:47.331,0:27:49.433 and what's on those documents. 0:27:49.433,0:27:52.169 Yet the kind of clerks can't[br]redact that information 0:27:52.169,0:27:55.072 because until recently,[br]the law forbid it, OK? 0:27:55.072,0:27:58.876 Everybody was in a rush for[br]eGovernment but never thought 0:27:58.876,0:28:01.712 about what's in those[br]documents that going there. 0:28:01.712,0:28:03.647 So, we need to be[br]able to influence 0:28:03.647,0:28:06.283 and educate the legislatures[br]who are-- 0:28:06.283,0:28:08.285 who are building the policy. 0:28:08.285,0:28:10.254 So, this is the whole thing. 0:28:10.254,0:28:13.357 I'm a technologist and everybody[br]in here, the computer scientists 0:28:13.357,0:28:15.626 and all that, you all[br]learned in here with me. 0:28:15.626,0:28:17.561 We help build this[br]infrastructure. 0:28:17.561,0:28:21.165 We may have had a[br]misgiving where we thought 0:28:21.165,0:28:24.401 that as builders we could[br]control the people who use it. 0:28:24.401,0:28:26.737 But as, you know,[br]previous history shown 0:28:26.737,0:28:29.039 with the atom bomb development[br]and all these other things, 0:28:29.039,0:28:30.407 that's not always the case. 0:28:30.407,0:28:33.711 Builders do not control[br]the controllers. 0:28:33.711,0:28:35.045 That's my first point. 0:28:35.045,0:28:37.882 The second point is that, again,[br]you all have smart phones. 0:28:37.882,0:28:39.116 Actually I don't. 0:28:39.116,0:28:41.085 I have kind of a dumb phone[br]and people always laugh. 0:28:41.085,0:28:43.721 They go, "You know,[br]you're a technologist," 0:28:43.721,0:28:46.490 and I just have a little,[br]you know, Samsung Integrity 0:28:46.490,0:28:48.058 with the nice little[br]flippy thing. 0:28:48.058,0:28:50.127 And I said, "Because the[br]guys in my lab have busted 0:28:50.127,0:28:51.228 into the smart phones 0:28:51.228,0:28:53.597 and tracked everybody[br]all over the place." 0:28:53.597,0:28:54.999 But actually the reason[br]why I don't this is 0:28:54.999,0:28:58.269 because the battery life is not[br]long enough for my taste, OK? 0:28:58.269,0:29:00.971 But a great quote, Lyn Paramore[br][assumed spelling] wrote a great 0:29:00.971,0:29:04.942 article and in there quoted[br]things that are supposed 0:29:04.942,0:29:06.610 to make our lives easier. 0:29:06.610,0:29:10.581 "Smartphones, Gmails,[br]Skype, GPS, Facebook, 0:29:10.581,0:29:13.884 they have become[br]tools to track us. 0:29:13.884,0:29:17.254 And we've been happily[br]shopping for the bars 0:29:17.254,0:29:22.259 to our own prison one prison at[br]a time, one product at a time." 0:29:22.259,0:29:25.362 So, we're in the-- we're[br]to blame for all of this. 0:29:25.362,0:29:27.364 We are allowing that to happen. 0:29:27.364,0:29:28.599 The last thing I want to talk 0:29:28.599,0:29:30.935 about is this Federal[br]word play thing. 0:29:30.935,0:29:32.970 Whenever I confront a student 0:29:32.970,0:29:36.874 or a professor whose been[br]violating a university policy, 0:29:36.874,0:29:38.642 you let something[br]go out on the net. 0:29:38.642,0:29:39.977 And I go. "Why did you do that?" 0:29:39.977,0:29:42.746 And it's kind of like watching,[br]you know, a six-year-old. 0:29:42.746,0:29:46.016 "I don't know, you know, it[br]wasn't my fault," you know. 0:29:46.016,0:29:47.084 That type of stuff. 0:29:47.084,0:29:50.354 And you get this[br]word play, you know. 0:29:50.354,0:29:52.957 Richard Pryor, a long time[br]ago had an excellent thing 0:29:52.957,0:29:56.827 when his son broke something[br]and he asked his son happened. 0:29:56.827,0:29:59.530 And all the word play that his[br]son came out with, you know, 0:29:59.530,0:30:01.165 "Some invisible man came[br]out and broke the thing." 0:30:01.165,0:30:04.001 That's what we're seeing now. 0:30:04.001,0:30:06.770 We're seeing this when they[br]say we're not collecting data 0:30:06.770,0:30:08.172 on you. 0:30:08.172,0:30:10.174 Well, OK, your not collecting it[br]technically but you're buying it 0:30:10.174,0:30:12.509 from people who are[br]collecting it from us. 0:30:12.509,0:30:15.045 So, that's-- that's[br]one thing there. 0:30:15.045,0:30:18.349 The network companies that say,[br]you know, the data providers, 0:30:18.349,0:30:21.218 the Verizons, the Googles,[br]they say, "Hey, you know, 0:30:21.218,0:30:23.621 we're not willingly giving it[br]to the federal government." 0:30:23.621,0:30:24.688 Well, of course not. 0:30:24.688,0:30:26.190 You're being subpoenaed[br]for the document. 0:30:26.190,0:30:29.126 You're not giving it[br]willingly to the-- to there. 0:30:29.126,0:30:32.696 You know, Zack Holman[br]wrote a great little tweet. 0:30:32.696,0:30:36.300 It says, "We don't give[br]direct database access 0:30:36.300,0:30:38.035 to government agencies." 0:30:38.035,0:30:43.607 That quote has become the[br]new "I didn't inhale," OK? 0:30:43.607,0:30:45.609 And so the key word is direct. 0:30:45.609,0:30:48.946 Marketers are being collecting[br]information on us all the time. 0:30:48.946,0:30:50.881 And, in fact, that was[br]one of the big things 0:30:50.881,0:30:52.316 that helped us with 9/11. 0:30:52.316,0:30:54.518 On a positive side,[br]that did help us 0:30:54.518,0:30:57.955 in 9/11 identify the hijackers[br]when the marketing companies 0:30:57.955,0:31:00.758 and the credit card companies[br]realized that they could help 0:31:00.758,0:31:02.593 because they had that data. 0:31:02.593,0:31:07.765 So, we need to be sure that[br]things are done correctly. 0:31:07.765,0:31:09.934 Everybody says we're[br]doing it legally. 0:31:09.934,0:31:10.868 And that's correct. 0:31:10.868,0:31:13.003 The laws stated they can do it. 0:31:13.003,0:31:16.040 It's the creation of[br]that law that's the flaw. 0:31:16.040,0:31:20.844 And that's my surveillance guide[br]telling me it's time to quit. 0:31:20.844,0:31:22.413 Those are my points. 0:31:22.413,0:31:23.314 >> Thanks, Randy. 0:31:23.314,0:31:24.348 Melissa? 0:31:24.348,0:31:25.349 >> Thank you. 0:31:25.349,0:31:29.887 Well, I think it's[br]important to look 0:31:29.887,0:31:34.058 to our past to inform[br]our future. 0:31:34.058,0:31:36.226 And I'm going to take a[br]little bit different direction 0:31:36.226,0:31:38.095 than my colleagues. 0:31:38.095,0:31:41.198 The very first transmission of[br]the internet was October 29th, 0:31:41.198,0:31:44.568 1969 and it was an e-mail[br]between two universities. 0:31:44.568,0:31:50.341 And today we have more than 204[br]e-mails are sent per minute. 0:31:50.341,0:31:53.410 More than 1,300 new mobile[br]users are added per minute 0:31:53.410,0:31:56.480 to the internet, 47,000[br]applications are downloaded, 0:31:56.480,0:32:01.552 100,000 tweets, 1.3 million[br]videos are uploaded to YouTube, 0:32:01.552,0:32:04.722 two million searches to Google,[br]and six million Facebook views. 0:32:04.722,0:32:08.092 The internet is part of[br]every part of our life 0:32:08.092,0:32:11.895 and over the last[br]45 almost years, 0:32:11.895,0:32:16.567 we have embedded the internet[br]in every part of our society. 0:32:16.567,0:32:20.838 And it is the backbone of our[br]core infrastructure of every-- 0:32:20.838,0:32:23.874 every country's core[br]infrastructure. 0:32:23.874,0:32:29.480 It represents e-government,[br]e-banking, e-health, e-learning, 0:32:29.480,0:32:31.548 the next generation of[br]air traffic control, 0:32:31.548,0:32:34.084 the next generation[br]of power grids 0:32:34.084,0:32:37.421 and every other essential[br]service has been concentrated 0:32:37.421,0:32:40.724 onto one infrastructure,[br]the internet. 0:32:40.724,0:32:43.260 And that is putting[br]our businesses 0:32:43.260,0:32:45.796 and our national[br]security at risk. 0:32:45.796,0:32:48.699 And I-- when I speak about[br]our, I'm really speaking 0:32:48.699,0:32:50.067 in as a global citizen. 0:32:50.067,0:32:52.369 If I were in France I would be[br]speaking about it in France. 0:32:52.369,0:32:55.305 If I were Iran or[br]Israel, it's the same way. 0:32:55.305,0:32:58.375 And so I think that[br]that has really began 0:32:58.375,0:33:00.411 to change the conversation 0:33:00.411,0:33:03.647 that we can't have any one[br]single point of failure, 0:33:03.647,0:33:07.518 economic failure and/or national[br]security failure to any one 0:33:07.518,0:33:11.188 of our-- of our core[br]businesses or infrastructures. 0:33:11.188,0:33:13.757 And so when we're talking about[br]cyber security and we're talking 0:33:13.757,0:33:17.061 about different government[br]actions and we wrap it all 0:33:17.061,0:33:20.297 into one conversation, I ask[br]you to start to think about it 0:33:20.297,0:33:22.533 as multiple conversations. 0:33:22.533,0:33:25.702 And it's not helpful[br]to bundle into one term 0:33:25.702,0:33:28.338 of cyber security[br]and/or surveillance. 0:33:28.338,0:33:30.974 So, I'd you to-- I'd like[br]you to think about it 0:33:30.974,0:33:33.610 in six different ways[br]of why our governments 0:33:33.610,0:33:37.414 and why our industry are[br]talking past each other. 0:33:37.414,0:33:40.150 The first is is when we're[br]talking about cyber security, 0:33:40.150,0:33:42.853 we're sometimes talking[br]about political activism. 0:33:42.853,0:33:46.590 Those who would like to bring[br]transparency to policies 0:33:46.590,0:33:49.827 and to our initiatives[br]that they don't agree with. 0:33:49.827,0:33:53.764 In the United States, one could[br]say that that was WikiLeaks 0:33:53.764,0:33:56.934 that brought about a great[br]amount of transparency 0:33:56.934,0:34:00.070 to US policies as they[br]leaked our information 0:34:00.070,0:34:01.371 into the internet. 0:34:01.371,0:34:04.475 All right, one could argue[br]that that was also Snowden. 0:34:04.475,0:34:08.078 But in other countries[br]political activism is being used 0:34:08.078,0:34:13.050 by Twitter, using Twitter and/or[br]Facebook to organize people 0:34:13.050,0:34:18.088 in these squares like Taksim[br]and/or in Turkey or Egypt 0:34:18.088,0:34:21.658 to express political[br]discontent with their government 0:34:21.658,0:34:24.428 with the intent to[br]overthrow the government. 0:34:24.428,0:34:26.063 Political instability. 0:34:26.063,0:34:27.831 And so when our governments[br]are starting to talk 0:34:27.831,0:34:31.467 about surveillance on the[br]internet and/or filtering 0:34:31.467,0:34:35.539 of the internet, some believe in[br]political democracy and freedom 0:34:35.539,0:34:37.741 of that speech on the[br]internet and others do not. 0:34:37.741,0:34:40.577 And it has different[br]mechanisms of how they're using 0:34:40.577,0:34:42.713 that surveillance[br]or the technology 0:34:42.713,0:34:44.915 around political activism. 0:34:44.915,0:34:47.851 Now that should not be[br]confused with organized crime 0:34:47.851,0:34:51.388 on the internet, the real modern[br]day bank robber who's stealing 0:34:51.388,0:34:54.224 ones and zeros which[br]is real dollars 0:34:54.224,0:34:57.995 out of your credit accounts[br]or out of your real banks, 0:34:57.995,0:35:01.031 and as being passed on as[br]a cost for our citizens. 0:35:01.031,0:35:02.833 We have many of our[br]governments who are talking 0:35:02.833,0:35:04.701 about the importance[br]of organized crime. 0:35:04.701,0:35:06.937 When I was just in Europe[br]just a few weeks ago, 0:35:06.937,0:35:09.072 it was 30 million dollars stolen 0:35:09.072,0:35:12.276 out of 45 different[br]cities in 30 minutes. 0:35:12.276,0:35:14.144 That's a real problem[br]for our banks. 0:35:14.144,0:35:16.180 It's a real problem[br]for our credit cards. 0:35:16.180,0:35:18.715 And we're having to deal[br]with that organized crime 0:35:18.715,0:35:20.751 and real theft of[br]ones and zeroes. 0:35:20.751,0:35:24.721 Now that should not be confused[br]with intellectual property theft 0:35:24.721,0:35:26.757 and industrial espionage. 0:35:26.757,0:35:28.392 That's very different. 0:35:28.392,0:35:30.827 And many of our government[br]leaders in the United States 0:35:30.827,0:35:33.697 and many government leaders[br]in Europe are talking 0:35:33.697,0:35:36.967 about the unprecedented theft[br]of intellectual property. 0:35:36.967,0:35:40.070 Thefts, meaning,[br]illegally copying the plans, 0:35:40.070,0:35:43.574 processes and/or next[br]generation technologies 0:35:43.574,0:35:47.044 out of our corporations[br]for the economic advance 0:35:47.044,0:35:50.147 of their companies[br]and/or countries. 0:35:50.147,0:35:54.051 And so the intellectual property[br]theft is then not the same 0:35:54.051,0:35:55.619 as espionage. 0:35:55.619,0:35:58.355 And there are governments[br]that are conducting espionage. 0:35:58.355,0:36:01.391 Most governments do to steal[br]the plans and intentions 0:36:01.391,0:36:05.229 of other governments and[br]know their capabilities. 0:36:05.229,0:36:07.431 In the United States, we[br]sort of bundled the two, 0:36:07.431,0:36:11.268 IP theft and espionage. 0:36:11.268,0:36:13.604 When were talking about it, in[br]fact, we're talking about it 0:36:13.604,0:36:19.409 as Pearl Harbor and other[br]very exaggerated terms. 0:36:19.409,0:36:21.578 If we are going to bundle[br]intellectual property theft 0:36:21.578,0:36:24.414 with espionage then we have[br]to be willing to put espionage 0:36:24.414,0:36:26.650 that we would walk from[br]it as a government. 0:36:26.650,0:36:28.252 And I don't see any[br]government willing 0:36:28.252,0:36:29.653 to walk away from espionage. 0:36:29.653,0:36:31.922 So, why don't we talk about[br]what's really the problem 0:36:31.922,0:36:35.025 and that's intellectual property[br]theft and/or the protection 0:36:35.025,0:36:37.828 of intellectual property[br]and patents, et cetera. 0:36:37.828,0:36:41.431 There are two other areas that[br]are becoming more concerning 0:36:41.431,0:36:45.736 for most companies and[br]countries that are-- 0:36:45.736,0:36:47.404 the first is disruption[br]of service. 0:36:47.404,0:36:50.274 And this is the distributed[br]denial-of-services actually 0:36:50.274,0:36:53.076 degrading real services[br]in your e-banking 0:36:53.076,0:36:56.913 and your e-infrastructures[br]that are preventing our banks 0:36:56.913,0:37:00.350 from allowing you to actually[br]access those infrastructures 0:37:00.350,0:37:01.918 and/or capabilities. 0:37:01.918,0:37:03.754 And we just had a--[br]and a significant, 0:37:03.754,0:37:04.888 in the United States, 0:37:04.888,0:37:06.723 we're having a distributed[br]denial-of-service 0:37:06.723,0:37:08.158 against our financial[br]institutions 0:37:08.158,0:37:10.894 and so are many others[br]in Asia and Europe. 0:37:10.894,0:37:13.730 And then finally the[br]destruction of property. 0:37:13.730,0:37:16.700 There was just recently a[br]malware that was released 0:37:16.700,0:37:18.635 against Saudi ARamCo 0:37:18.635,0:37:21.872 which destroyed 30,000[br]of their computers. 0:37:21.872,0:37:24.174 And when we start to actually[br]think about destruction 0:37:24.174,0:37:26.877 of property and how one[br]might recover from that 0:37:26.877,0:37:29.913 that is a different set of[br]capabilities than you would deal 0:37:29.913,0:37:33.583 with from organized crime[br]and/or political activism. 0:37:33.583,0:37:36.453 So, as we talk about this[br]on our panel over the course 0:37:36.453,0:37:38.722 of the next hour, I ask[br]you to start to think 0:37:38.722,0:37:40.524 about which problem[br]are you talking 0:37:40.524,0:37:43.493 about because we're not[br]talking about the same thing 0:37:43.493,0:37:45.862 in each of our conversations. 0:37:45.862,0:37:48.365 I'd like to wrap up and that 0:37:48.365,0:37:51.134 over 100 countries have[br]these capabilities, 0:37:51.134,0:37:53.136 and they are using these[br]capabilities to deal 0:37:53.136,0:37:56.306 with these different problems[br]whether it's political activism 0:37:56.306,0:37:59.076 to overthrow government[br]or its political activism 0:37:59.076,0:38:01.211 to bring transparency[br]to policies they don't 0:38:01.211,0:38:03.613 like is different[br]than organized crime 0:38:03.613,0:38:05.749 or intellectual property theft. 0:38:05.749,0:38:07.684 And there are three strategic[br]things that are happening 0:38:07.684,0:38:09.920 in the global order of things. 0:38:09.920,0:38:14.524 First, some are using disruptive[br]technology like a Stuxnet 0:38:14.524,0:38:17.394 or a Shamoon to bring[br]down core infrastructures 0:38:17.394,0:38:20.097 or core businesses[br]around the world 0:38:20.097,0:38:24.234 or some are implementing[br]surveillance tools to bring 0:38:24.234,0:38:27.938 about transparency or to[br]show the vulnerabilities 0:38:27.938,0:38:29.740 for those infrastructures[br]to be brought down. 0:38:29.740,0:38:32.109 So, disruptive technologies[br]are being used. 0:38:32.109,0:38:35.412 Second, strategic alliances[br]are also being wielded 0:38:35.412,0:38:39.383 to actually gather that power[br]and control over the internet. 0:38:39.383,0:38:43.987 And that's playing out in[br]the UN and the ITU and NATO 0:38:43.987,0:38:47.023 and ACION [assumed spelling][br]and other of the forum 0:38:47.023,0:38:48.959 where countries can[br]align against each other 0:38:48.959,0:38:50.160 for particular motives. 0:38:50.160,0:38:53.397 And then finally there[br]are strategic properties. 0:38:53.397,0:38:56.767 And I mean that in the[br]very sense of it is. 0:38:56.767,0:38:58.902 There are 25 internet[br]service providers 0:38:58.902,0:38:59.970 that control 90 percent 0:38:59.970,0:39:02.272 of information flow[br]on the internet. 0:39:02.272,0:39:03.974 There are internet[br]exchange points 0:39:03.974,0:39:08.345 that actually control the[br]flow of technology and/or ones 0:39:08.345,0:39:12.182 and zeroes from continent to[br]continent or within a continent. 0:39:12.182,0:39:14.451 And there are data aggregators 0:39:14.451,0:39:17.654 who have actually more[br]information on us like a Google 0:39:17.654,0:39:20.190 or a Facebook than any[br]foreign intelligence service 0:39:20.190,0:39:21.491 of any other country. 0:39:21.491,0:39:22.559 So, you have to think 0:39:22.559,0:39:24.361 about where are the[br]strategic properties 0:39:24.361,0:39:25.495 and how they're being used 0:39:25.495,0:39:28.465 by all governments not[br]just by one government. 0:39:28.465,0:39:30.033 Thank you. 0:39:30.033,0:39:34.738 >> Thank you, Melissa. 0:39:34.738,0:39:35.539 Laura? 0:39:35.539,0:39:36.840 >> Good afternoon everyone. 0:39:36.840,0:39:38.175 I'm very delighted to be here. 0:39:38.175,0:39:40.544 And I wish to thank the Internet[br]Society for the invitation 0:39:40.544,0:39:43.013 and for GW for hosting[br]it as well. 0:39:43.013,0:39:46.750 I view PRISM as an[br]opportunity to draw attention 0:39:46.750,0:39:50.420 to the implications of broader[br]global internet governance 0:39:50.420,0:39:52.989 conflicts that have[br]implications for economic 0:39:52.989,0:39:54.624 and expressive liberty. 0:39:54.624,0:39:59.563 I recently-- recently the[br]last two or three years spent 0:39:59.563,0:40:01.064 that time researching 0:40:01.064,0:40:03.266 and writing a new book[br]called the Global War 0:40:03.266,0:40:04.434 for Internet Governance. 0:40:04.434,0:40:06.536 And it's going to be[br]published later this year 0:40:06.536,0:40:08.305 by Yale University Press. 0:40:08.305,0:40:11.708 Now in this book, there are[br]approximately four pages 0:40:11.708,0:40:13.777 at the end of acronyms. 0:40:13.777,0:40:16.413 So, what I've done is I've[br]challenged myself today 0:40:16.413,0:40:17.881 to not use any acronyms. 0:40:17.881,0:40:20.851 So, what I would like to ask you[br]to do is to pound on the table 0:40:20.851,0:40:23.787 if I use an internet governance[br]acronyms, so pay attention 0:40:23.787,0:40:27.190 to that, and I know some[br]of you will do that. 0:40:27.190,0:40:28.458 But what I tried to do 0:40:28.458,0:40:31.161 in the book is describe[br]the various layers 0:40:31.161,0:40:34.764 of how the internet is[br]already governed and what some 0:40:34.764,0:40:38.001 of the current debates are that[br]I expect to shape the future 0:40:38.001,0:40:40.837 of freedom and innovation[br]in the coming years. 0:40:40.837,0:40:42.839 Now what is internet governance? 0:40:42.839,0:40:44.374 This panel has already[br]described it. 0:40:44.374,0:40:45.942 If I had to give one definition, 0:40:45.942,0:40:51.248 I would say internet governance[br]is the design and administration 0:40:51.248,0:40:52.782 of the technologies[br]that are necessary 0:40:52.782,0:40:55.819 to keep the internet operational[br]and then the enactment 0:40:55.819,0:40:58.855 of substantive policy[br]around those technologies. 0:40:58.855,0:41:02.425 But there is no single system[br]of internet governance. 0:41:02.425,0:41:05.195 John said it best when he was[br]describing the various roles, 0:41:05.195,0:41:07.330 names and numbers,[br]administration, 0:41:07.330,0:41:11.067 standard setting, private[br]interconnection, arrangements 0:41:11.067,0:41:14.304 between telecommunication[br]companies, the privacy policies 0:41:14.304,0:41:17.073 that are enacted by social[br]media, by search engines 0:41:17.073,0:41:19.209 and other information[br]intermediaries. 0:41:19.209,0:41:22.979 And, of course, cyber security[br]governance not necessarily 0:41:22.979,0:41:25.215 enacted by governments[br]but by entities 0:41:25.215,0:41:27.617 such as certificate[br]authorities that are handing 0:41:27.617,0:41:29.853 out digital signatures[br]and things like that. 0:41:29.853,0:41:31.621 So, those are just[br]a few examples. 0:41:31.621,0:41:35.025 So, we need to take this[br]conversation outside 0:41:35.025,0:41:38.194 of discussions about[br]just governance. 0:41:38.194,0:41:41.431 However, one of themes that[br]I do take up in the book 0:41:41.431,0:41:43.567 and in my work in general is 0:41:43.567,0:41:47.671 that internet governance[br]conflicts are the new spaces 0:41:47.671,0:41:52.075 where political and economic[br]power is working itself 0:41:52.075,0:41:54.044 out in the 21st century. 0:41:54.044,0:41:57.380 We see this with PRISM,[br]we see this with Stuxnet, 0:41:57.380,0:42:00.083 we see this with the[br]turn to intellectual-- 0:42:00.083,0:42:01.251 to infrastructure 0:42:01.251,0:42:03.653 for intellectual property[br]rights enforcement, 0:42:03.653,0:42:07.223 with governments cutting off[br]access during political turmoil. 0:42:07.223,0:42:08.625 And as Mellissa said, 0:42:08.625,0:42:10.894 we had denial-of-service[br]attacks often used 0:42:10.894,0:42:13.630 to suppress human[br]rights and expression. 0:42:13.630,0:42:17.567 So, internet governance points[br]of control are really not just 0:42:17.567,0:42:19.736 about keeping the internet[br]operational although 0:42:19.736,0:42:21.771 that is absolutely vital. 0:42:21.771,0:42:25.742 But there are also a proxy[br]for broader political 0:42:25.742,0:42:27.344 and economic conflicts. 0:42:27.344,0:42:29.813 So, the fact that PRISM[br]draws attention to some 0:42:29.813,0:42:33.783 of these broader global[br]internet governance issues is 0:42:33.783,0:42:35.485 an opportunity. 0:42:35.485,0:42:39.356 But keep in mind that government[br]surveillance ad censorship 0:42:39.356,0:42:43.126 for that matter which is in my[br]opinion an even greater problem 0:42:43.126,0:42:46.663 around the world[br]is not something 0:42:46.663,0:42:48.765 that happens in a vacuum. 0:42:48.765,0:42:51.334 So, it's delegated and[br]it is made possible 0:42:51.334,0:42:54.971 by certain arrangements[br]of technical architecture 0:42:54.971,0:42:57.207 and by private ordering. 0:42:57.207,0:43:01.411 So, infrastructure governance[br]just to give you a few examples, 0:43:01.411,0:43:06.449 infrastructure governance is[br]directly tied to privacy issues. 0:43:06.449,0:43:09.052 So, I have an information[br]engineering background. 0:43:09.052,0:43:11.554 I am also a social scientist[br]who studies the politics 0:43:11.554,0:43:13.156 of technical architecture. 0:43:13.156,0:43:15.792 And I can say that, you[br]know, you probably could say 0:43:15.792,0:43:17.160 to use a Harry Potter analogy. 0:43:17.160,0:43:20.230 There are some dark arts[br]of internet governance 0:43:20.230,0:43:25.068 that have a good intention but[br]they can be used for other uses. 0:43:25.068,0:43:27.604 So, one of these, for example,[br]is the deep packet inspection. 0:43:27.604,0:43:30.440 I didn't use the acronym[br]so no pounding on the table 0:43:30.440,0:43:34.244 which is a capability that[br]allows network providers 0:43:34.244,0:43:37.580 to inspect the actual[br]content of packets sent 0:43:37.580,0:43:40.250 over the internet rather[br]than just the packet headers. 0:43:40.250,0:43:42.152 So, this can be used[br]for a variety 0:43:42.152,0:43:46.623 of very important function[br]such as network management, 0:43:46.623,0:43:48.658 detecting viruses and worms. 0:43:48.658,0:43:51.094 It could also be used for[br]customized advertising, 0:43:51.094,0:43:53.163 now getting outside of[br]the operational role, 0:43:53.163,0:43:55.799 or for surveillances[br]or for throttling 0:43:55.799,0:43:57.333 and blocking of traffic. 0:43:57.333,0:44:01.404 So, this is a very significant[br]development made possible only 0:44:01.404,0:44:04.207 by advances and processing[br]power and storage. 0:44:04.207,0:44:06.676 And we need transparency[br]and accountability 0:44:06.676,0:44:08.712 in issues like this as well. 0:44:08.712,0:44:11.648 So, another area of[br]infrastructure related 0:44:11.648,0:44:15.585 to privacy is the hidden[br]identity infrastructure 0:44:15.585,0:44:18.755 that makes possible business[br]models that are based 0:44:18.755,0:44:20.390 on online advertising. 0:44:20.390,0:44:22.992 So, this is a good thing[br]for freedom of expression 0:44:22.992,0:44:26.463 because there are free products[br]that we are able to use, 0:44:26.463,0:44:29.299 but we are almost at the[br]point where the prospect 0:44:29.299,0:44:33.470 for anonymous speech considering[br]this identity infrastructure is 0:44:33.470,0:44:35.305 almost impossible. 0:44:35.305,0:44:38.475 We have technical identifiers[br]at the level of hardware 0:44:38.475,0:44:40.410 like Ethernet cards at the level 0:44:40.410,0:44:45.014 of virtual identifiers[br]locationally via cellphone 0:44:45.014,0:44:50.653 location, wireless fidelity[br]AKA wifi, it's my one acronym 0:44:50.653,0:44:53.456 or global positioning[br]system and through things 0:44:53.456,0:44:56.526 like platform mediation and real[br]identification requirements. 0:44:56.526,0:44:59.763 So, if you put this all[br]together, this is at the heart 0:44:59.763,0:45:03.299 of business models that[br]we need at the heart 0:45:03.299,0:45:07.403 of online advertising, at the[br]heart of having free software. 0:45:07.403,0:45:10.607 But it also is the[br]technical capability 0:45:10.607,0:45:12.942 that can enable new[br]form, even newer forms 0:45:12.942,0:45:15.111 of surveillance in the future. 0:45:15.111,0:45:18.481 So, these are new[br]opportunities for surveillance. 0:45:18.481,0:45:21.618 Two other infrastructure issues[br]I'll mention I'll mention 0:45:21.618,0:45:26.389 quickly include a current[br]rethinking and redesign of the 0:45:26.389,0:45:28.892 "who is" protocol[br]which keeps track 0:45:28.892,0:45:32.929 of who is registering a[br]domain name and, of course, 0:45:32.929,0:45:35.565 also the issue as has[br]already been mentioned 0:45:35.565,0:45:37.534 of internet exchange points. 0:45:37.534,0:45:40.203 How these are governed and[br]how they are distributed 0:45:40.203,0:45:42.172 around the world is something 0:45:42.172,0:45:44.073 that is very related[br]to civil liberties. 0:45:44.073,0:45:47.911 The Internet Society and we'll[br]hear from next has really been 0:45:47.911,0:45:50.079 at the forefront of[br]this area which-- 0:45:50.079,0:45:52.215 having more internet[br]exchange points, 0:45:52.215,0:45:54.717 looking at the criticality[br]of them for human rights 0:45:54.717,0:45:56.452 for infrastructure development 0:45:56.452,0:45:59.923 and as concentrated points[br]of information flows. 0:45:59.923,0:46:04.060 So, the truth is that global[br]internet choke points, 0:46:04.060,0:46:05.295 of course, exist. 0:46:05.295,0:46:08.898 And the internet is governed[br]not by any one entity 0:46:08.898,0:46:11.701 but multi-stakeholder governance[br]which I'm sure we will take 0:46:11.701,0:46:13.970 up in the roundtable later. 0:46:13.970,0:46:17.774 But that this governance[br]is not fixed anymore 0:46:17.774,0:46:19.909 than architecture is fixed. 0:46:19.909,0:46:22.345 So, the architecture[br]is constantly changing 0:46:22.345,0:46:25.615 and the governance is[br]constantly changing as well. 0:46:25.615,0:46:27.884 The basic theoretical[br]or conceptual framework 0:46:27.884,0:46:30.119 of my own work is[br]that arrangements 0:46:30.119,0:46:34.190 of technical architecture are[br]also arrangements of power. 0:46:34.190,0:46:38.094 So, it's critical for the public[br]to be engaged in these debates 0:46:38.094,0:46:40.029 because the future of[br]internet architecture 0:46:40.029,0:46:42.632 and governance is[br]directly related 0:46:42.632,0:46:44.033 to the future of[br]internet freedom. 0:46:44.033,0:46:46.936 So, I appreciate the opportunity[br]to discuss that here today. 0:46:46.936,0:46:49.172 Thank you very much[br]for listening. 0:46:49.172,0:46:50.139 >> Thank you, Laura. 0:46:50.139,0:46:52.542 Lynn? 0:46:52.542,0:46:53.576 >> Good afternoon. 0:46:53.576,0:46:55.745 This has been a very[br]comprehensive set 0:46:55.745,0:46:59.048 of speaking points, I[br]have to say to date. 0:46:59.048,0:47:02.285 So, the Internet Society is[br]a cause-based organization. 0:47:02.285,0:47:05.154 We advocate for an[br]open global internet. 0:47:05.154,0:47:06.656 In the recent revelations 0:47:06.656,0:47:08.892 about the mass scale[br]interceptions not only 0:47:08.892,0:47:12.128 by the US, the UK, but[br]many, many other countries 0:47:12.128,0:47:14.631 around the world have[br]serious implications 0:47:14.631,0:47:17.533 for the open global internet. 0:47:17.533,0:47:19.769 ISOC is an international[br]organization. 0:47:19.769,0:47:22.071 We have members, org[br]members and chapters 0:47:22.071,0:47:23.606 in virtually every country 0:47:23.606,0:47:26.809 of the world perhaps even[br]every country of the world. 0:47:26.809,0:47:30.914 We have headquarters in[br]just outside of D.C. here 0:47:30.914,0:47:33.650 in Western Virginia and[br]Geneva, Switzerland. 0:47:33.650,0:47:38.788 And we have a very senior policy[br]and technical staff in little 0:47:38.788,0:47:41.024 over 20 countries of[br]the world often times 0:47:41.024,0:47:43.393 in the same individual[br]which is more 0:47:43.393,0:47:45.595 and more the future in any case. 0:47:45.595,0:47:48.364 I spent 27 years in[br]Europe, just moved back 0:47:48.364,0:47:50.466 to the US a little[br]over a year ago. 0:47:50.466,0:47:52.568 And the one thing I'd really[br]like to do is to make sure 0:47:52.568,0:47:55.738 that here in D.C., in[br]this country's capital 0:47:55.738,0:47:58.408 that we recognize that this[br]is not just about US citizens 0:47:58.408,0:48:01.010 and it's not just[br]about the foreigners 0:48:01.010,0:48:03.780 that the US is surveilling. 0:48:03.780,0:48:06.749 This affects every[br]individual in the world. 0:48:06.749,0:48:09.585 It affects some of[br]them very directly 0:48:09.585,0:48:12.088 but it will affect the[br]internet we all have access 0:48:12.088,0:48:17.393 to going forward to tomorrow[br]and to generations to come. 0:48:17.393,0:48:21.764 If we are not careful, we will[br]actually rob both individuals 0:48:21.764,0:48:24.834 today, tomorrow and future[br]generations of all the freedom 0:48:24.834,0:48:26.736 and the benefit and[br]the innovation 0:48:26.736,0:48:29.639 that the internet has brought. 0:48:29.639,0:48:32.809 The Internet Society actually[br]deals an awful lot in principles 0:48:32.809,0:48:36.112 and the principles that make the[br]internet what the internet is. 0:48:36.112,0:48:38.381 First and foremost,[br]it's a platform. 0:48:38.381,0:48:43.019 It allows everybody to go out[br]and develop what they choose to, 0:48:43.019,0:48:46.656 to access what they choose to,[br]to innovate on material that's 0:48:46.656,0:48:49.192 out there and make[br]that available. 0:48:49.192,0:48:54.230 If we're not careful,[br]we'll loose all of that. 0:48:54.230,0:48:57.133 So, the-- in particular[br]recently, 0:48:57.133,0:48:59.902 the unwarded collection[br]storage and the ease 0:48:59.902,0:49:02.472 of correlation amongst all[br]the data that's collected. 0:49:02.472,0:49:04.841 And I actually don't[br]differentiate a lot 0:49:04.841,0:49:07.710 between metadata and content. 0:49:07.710,0:49:10.079 You can get so much[br]information from metadata 0:49:10.079,0:49:11.681 that we shouldn't kid[br]ourselves by saying, 0:49:11.681,0:49:15.418 "It's just metadata we're[br]collecting, it's OK." 0:49:15.418,0:49:19.789 That-- though the collection[br]that will undermine many 0:49:19.789,0:49:21.724 of the key principles[br]and relationships. 0:49:21.724,0:49:26.996 And in particular some of those[br]natural conclusions will start 0:49:26.996,0:49:28.598 to impact the physical[br]infrastructure 0:49:28.598,0:49:32.435 of the internet itself whether[br]it's using some of the IXPs 0:49:32.435,0:49:34.337 as choke points or[br]whether it's using some 0:49:34.337,0:49:36.372 of the technical[br]capabilities that exist 0:49:36.372,0:49:38.708 to help with surveillance. 0:49:38.708,0:49:42.111 Those are all things[br]we want to I think-- 0:49:42.111,0:49:44.614 think through very,[br]very carefully. 0:49:44.614,0:49:46.115 One of the principles we argue 0:49:46.115,0:49:48.351 for is multistakeholder[br]dialogue. 0:49:48.351,0:49:51.120 And it's because so much of what[br]we're all facing whether it's 0:49:51.120,0:49:52.688 in a policy or a technical 0:49:52.688,0:49:55.024 or a social environment[br]has never been done 0:49:55.024,0:49:56.426 in the world before. 0:49:56.426,0:49:59.328 We're breaking barriers[br]every single day and we need 0:49:59.328,0:50:01.864 to bring everybody to the[br]table for a discussion 0:50:01.864,0:50:03.232 and move forward[br]thoughtfully and carefully. 0:50:03.232,0:50:09.839 That is even more so when we[br]look to governments particularly 0:50:09.839,0:50:12.909 in their role in[br]protecting citizens. 0:50:12.909,0:50:16.646 We believe that the internet[br]must be a channel for secure, 0:50:16.646,0:50:19.215 reliable, private communication 0:50:19.215,0:50:21.651 between entities[br]and individuals. 0:50:21.651,0:50:26.155 And surveillance without due[br]process is simply unacceptable. 0:50:26.155,0:50:29.859 And as some other articles[br]have said recently, frankly, 0:50:29.859,0:50:31.360 it's very creepy as well. 0:50:31.360,0:50:33.629 And if that makes it more[br]personal, this is good 0:50:33.629,0:50:38.601 because we need everybody to[br]care about what's happening now. 0:50:38.601,0:50:40.303 We also challenge the[br]view that policies 0:50:40.303,0:50:41.771 to ensure security[br]must always come 0:50:41.771,0:50:44.307 at the cost of user's rights. 0:50:44.307,0:50:47.210 I'd also argue with the fact[br]that we all know it was coming 0:50:47.210,0:50:49.445 so what are we concerned about? 0:50:49.445,0:50:50.980 Due process wasn't followed. 0:50:50.980,0:50:52.548 That's what were[br]concerned about. 0:50:52.548,0:50:54.050 Did most people that[br]pay attention 0:50:54.050,0:50:56.619 to this field understand that[br]you could do all these sorts 0:50:56.619,0:50:57.820 of things with the data? 0:50:57.820,0:51:01.057 Yes. Did we believe our[br]governments were doing it 0:51:01.057,0:51:03.759 without due process[br]and certainly 0:51:03.759,0:51:07.597 without an adequate[br]level of transparency? 0:51:07.597,0:51:09.999 I might answer yes[br]but hopefully-- 0:51:09.999,0:51:11.934 hopefully we didn't[br]and [inaudible] 0:51:11.934,0:51:14.904 to happen as Frank said. 0:51:14.904,0:51:17.273 One of the things we'd actually 0:51:17.273,0:51:20.243 like to do is really[br]get everybody to focus 0:51:20.243,0:51:21.511 on the multistakeholder. 0:51:21.511,0:51:22.845 A lot of the principles 0:51:22.845,0:51:28.184 that have given us the internet[br]find new forms, structures 0:51:28.184,0:51:29.919 and processes to address that. 0:51:29.919,0:51:33.322 Don't revert back to we[br]need a new institution. 0:51:33.322,0:51:37.760 I don't think that is the answer[br]in almost every situation. 0:51:37.760,0:51:42.632 Some of the recent proposals[br]that have been put forward 0:51:42.632,0:51:45.234 to address some of these[br]aspects would call for treaties. 0:51:45.234,0:51:47.370 Treaties are largely[br]intergovernmental. 0:51:47.370,0:51:48.971 They don't allow for[br]the private sector. 0:51:48.971,0:51:51.240 They don't allow[br]for civil society. 0:51:51.240,0:51:53.209 And honestly I don't[br]know how you get some 0:51:53.209,0:51:54.610 of those private[br]sector companies 0:51:54.610,0:51:57.113 to sign on to a treaty. 0:51:57.113,0:51:59.248 So, I don't think treaties[br]are the answer either. 0:51:59.248,0:52:02.885 We're going to need to create[br]new processes and new forums 0:52:02.885,0:52:04.887 and certainly at the[br]core of all that ought 0:52:04.887,0:52:07.256 to be thoughtful[br]informed dialogue. 0:52:07.256,0:52:09.692 So, I think, you[br]know, it's our hope 0:52:09.692,0:52:13.095 that as these discussions[br]continue across the world 0:52:13.095,0:52:16.866 that we recognize and[br]come to agree again 0:52:16.866,0:52:19.035 on some other high[br]level principles. 0:52:19.035,0:52:21.504 Some of the ones I'd throw[br]out for further debate, 0:52:21.504,0:52:24.874 is it unwanted surveillance[br]even in the furtherance 0:52:24.874,0:52:27.877 of national security[br]is not acceptable. 0:52:27.877,0:52:31.347 Unwarranted surveillance[br]is not acceptable. 0:52:31.347,0:52:34.050 The disproportionate[br]surveillance is also 0:52:34.050,0:52:36.018 not acceptable. 0:52:36.018,0:52:38.654 That surveillance[br]without accountability is 0:52:38.654,0:52:41.123 not acceptable. 0:52:41.123,0:52:42.558 And further, turning 0:52:42.558,0:52:44.727 to something a little[br]more positive, 0:52:44.727,0:52:46.762 that there should be[br]transparency with respect 0:52:46.762,0:52:49.398 to policy and its[br]implementation, 0:52:49.398,0:52:53.202 that we should be harnessing the[br]expertise of all stakeholders 0:52:53.202,0:52:56.105 to discover better ways[br]to protect citizens 0:52:56.105,0:52:58.374 in a global community. 0:52:58.374,0:53:02.578 And most importantly,[br]encore to everything we do 0:53:02.578,0:53:05.147 that we uphold human rights. 0:53:05.147,0:53:07.016 And so I look forward to[br]the discussion for the rest 0:53:07.016,0:53:09.185 of the day, and thank you. 0:53:09.185,0:53:10.119 >> Thank you, Lynn. 0:53:10.119,0:53:10.920 Danny? 0:53:10.920,0:53:12.255 >> Thanks, Lance. 0:53:12.255,0:53:16.525 So, thanks to the Internet[br]Society and GW, Lynn and Lance, 0:53:16.525,0:53:18.694 for getting-- Paul for[br]getting us together. 0:53:18.694,0:53:23.633 And at the end of the[br]panel, I'm always reminded 0:53:23.633,0:53:25.635 of this very distinguished[br]member of Congress said 0:53:25.635,0:53:28.371 at the near the end of a very[br]excruciatingly long hearing, 0:53:28.371,0:53:31.807 everything's been said but[br]not every one has said it. 0:53:31.807,0:53:36.746 So, I subscribe to much[br]of what has been said 0:53:36.746,0:53:39.315 by many of my fellow panels. 0:53:39.315,0:53:42.084 I want to just make three points 0:53:42.084,0:53:47.089 about what I think we've[br]been experiencing as a result 0:53:47.089,0:53:49.458 of this surveillance[br]debate over the last month. 0:53:49.458,0:53:54.430 I think fundamentally what[br]we've had is a certain degree 0:53:54.430,0:53:57.967 of a crisis in confidence[br]and a crisis in trust 0:53:57.967,0:53:59.568 about the internet environment. 0:53:59.568,0:54:02.305 The question is, should[br]you trust it or not? 0:54:02.305,0:54:06.709 And as Mellissa noted,[br]it's, I think, useful to try 0:54:06.709,0:54:11.047 to breakdown to some extent[br]our current sources of trust 0:54:11.047,0:54:14.250 in the internet in particular,[br]in society in general. 0:54:14.250,0:54:16.719 I want to just make three[br]points about the institutional, 0:54:16.719,0:54:22.291 legal and political levels of[br]trust that we tend to look to. 0:54:22.291,0:54:25.027 To start with the[br]institutional, you heard from-- 0:54:25.027,0:54:29.899 you heard from John and[br]from Lynn about some 0:54:29.899,0:54:32.368 of the institutions that[br]make the internet work. 0:54:32.368,0:54:33.569 You know, I think[br]it's interesting 0:54:33.569,0:54:36.172 when you look purely[br]technically at the internet. 0:54:36.172,0:54:40.309 People pretty much trust that[br]the pack is going to arrive more 0:54:40.309,0:54:41.510 or less in the right order. 0:54:41.510,0:54:44.246 And enough of them[br]will get there 0:54:44.246,0:54:45.514 that you could get your[br]message through it. 0:54:45.514,0:54:46.782 You can watch video. 0:54:46.782,0:54:49.218 We don't-- we don't have a[br]lot of debates about that. 0:54:49.218,0:54:55.391 I will note just as a kind of[br]a observation of the sociology 0:54:55.391,0:54:57.259 in a certain way of people 0:54:57.259,0:54:58.694 in the internet technical[br]community. 0:54:58.694,0:55:01.630 There is a sense in some[br]ways as Lynn suggested 0:55:01.630,0:55:06.769 that if any third party[br]can get in the middle 0:55:06.769,0:55:10.740 of a communication stream[br]between two parties, 0:55:10.740,0:55:13.542 but that is in a sort of[br]very idealized sense a 0:55:13.542,0:55:14.610 technical failure. 0:55:14.610,0:55:16.545 It's the internet[br]not working properly. 0:55:16.545,0:55:18.481 Now that's a narrow[br]technical view 0:55:18.481,0:55:19.615 of the internet environment. 0:55:19.615,0:55:23.319 We, of course, have a[br]broader legal and social 0:55:23.319,0:55:26.655 and political view of our[br]societies, and we do recognize 0:55:26.655,0:55:30.126 that that surveillance[br]and espionage will happen. 0:55:30.126,0:55:33.696 But part of the challenge, I[br]think, in closing the trust gap 0:55:33.696,0:55:36.232 that we have is to articulate[br]better what those sorts 0:55:36.232,0:55:37.533 of expectations are. 0:55:37.533,0:55:39.435 We do have administrative[br]institutions 0:55:39.435,0:55:41.337 like that run the[br]domain name service 0:55:41.337,0:55:42.605 and IP address assignment. 0:55:42.605,0:55:44.106 Thanks to people like John. 0:55:44.106,0:55:45.174 They just kind of worked-- 0:55:45.174,0:55:46.909 people grumble about[br]I can't [phonetic]. 0:55:46.909,0:55:49.545 But so far, you know, people[br]are getting new domain names. 0:55:49.545,0:55:50.780 They are being maintained. 0:55:50.780,0:55:55.484 Nothing has completely[br]fallen apart at that point. 0:55:55.484,0:55:56.786 What I think is more complicated 0:55:56.786,0:56:00.089 on the institutional trust[br]front is that in many cases, 0:56:00.089,0:56:01.657 we're used to looking[br]to government 0:56:01.657,0:56:04.393 to establish trustworthiness[br]in society. 0:56:04.393,0:56:06.262 And certainly governments[br]believe their job is 0:56:06.262,0:56:09.298 to establish trustworthiness[br]in society. 0:56:09.298,0:56:12.301 But as you've heard, many[br]of our sources of trust 0:56:12.301,0:56:14.136 in the internet are[br]actually not governmental. 0:56:14.136,0:56:17.907 They are working perfectly well[br]largely without governments. 0:56:17.907,0:56:20.209 And I'll come back[br]and talk about that. 0:56:20.209,0:56:23.312 But again because of that[br]somewhat unusual circumstance 0:56:23.312,0:56:27.049 that Lynn alluded to, these[br]multistakeholder processes, 0:56:27.049,0:56:30.820 we probably have to understand[br]that a little bit better 0:56:30.820,0:56:34.123 so that people can trust[br]those environments. 0:56:34.123,0:56:37.226 You know, on the-- when we[br]look at legal institutions, 0:56:37.226,0:56:39.195 we rely a lot on our[br]legal institutions 0:56:39.195,0:56:42.064 to establish trust in society. 0:56:42.064,0:56:44.366 We hope that our legal[br]institutions make it 0:56:44.366,0:56:47.837 so that most people and most[br]institutions mostly do the right 0:56:47.837,0:56:48.771 thing most of the time. 0:56:48.771,0:56:50.105 We don't expect perfection 0:56:50.105,0:56:53.108 but we do expect our legal[br]institutions to set standards 0:56:53.108,0:56:55.144 and that there are consequences[br]when they're not followed. 0:56:55.144,0:56:58.147 I think when we look at[br]the privacy issues raised 0:56:58.147,0:57:00.783 by the current surveillance[br]practices 0:57:00.783,0:57:04.420 that had been revealed, the[br]problem that we have, I believe, 0:57:04.420,0:57:08.090 is that every one would like[br]there to be a sense of privacy 0:57:08.090,0:57:09.959 in our communications[br]environment. 0:57:09.959,0:57:11.794 But I think we have a real-- 0:57:11.794,0:57:16.799 a lot of confusion about[br]just what that ought to mean. 0:57:16.799,0:57:18.968 We tend to think about[br]privacy particularly 0:57:18.968,0:57:22.338 in the computer network[br]environment as being able 0:57:22.338,0:57:23.873 to keep things secret. 0:57:23.873,0:57:26.208 Well, I think we all understand[br]now that we don't have a lot 0:57:26.208,0:57:30.012 of secrets, and we rely[br]on lots of third parties 0:57:30.012,0:57:33.282 to maintain our information. 0:57:33.282,0:57:38.220 So, we don't keep secrets as[br]well as we may be used to. 0:57:38.220,0:57:40.923 And my own view is that that[br]means we have to start thinking 0:57:40.923,0:57:43.125 about privacy more as a question 0:57:43.125,0:57:47.029 of whether information is used[br]properly whether it's misused, 0:57:47.029,0:57:48.030 whether it's used 0:57:48.030,0:57:50.232 to discriminate unfairly[br]against people. 0:57:50.232,0:57:53.669 But that's going to require[br]certain amount of discussion. 0:57:53.669,0:57:55.371 Lots of people have[br]mentioned accountability. 0:57:55.371,0:57:58.240 We're going to need better[br]accountability mechanisms 0:57:58.240,0:58:00.409 for these more complex[br]privacy rules. 0:58:00.409,0:58:03.312 When privacy is not[br]a binary phenomenon 0:58:03.312,0:58:07.716 that is either it's secret or[br]it's not, we need mechanisms 0:58:07.716,0:58:11.787 to assure trust in the way[br]personal information is handled. 0:58:11.787,0:58:14.423 I think there's a very[br]simple analogy actually 0:58:14.423,0:58:17.393 that we can draw from[br]the financial world. 0:58:17.393,0:58:20.095 Huge parts of our economy, 0:58:20.095,0:58:23.799 huge parts of the[br]world's economy run based 0:58:23.799,0:58:26.302 on a pretty well understand[br]set of accounting rules. 0:58:26.302,0:58:29.204 We're used to looking at[br]balance sheets for corporations 0:58:29.204,0:58:30.639 and having some sense of trust 0:58:30.639,0:58:32.808 that those balance sheets[br]reflect what's actually going 0:58:32.808,0:58:35.110 on in the financial life[br]of the corporations. 0:58:35.110,0:58:37.513 We don't expect to see[br]all the transactions 0:58:37.513,0:58:40.115 in the general ledger in order[br]to look and get a picture 0:58:40.115,0:58:43.285 of whether the corporation is[br]profitable, not profitable, 0:58:43.285,0:58:46.422 paying its taxes[br]correctly, not, et cetera. 0:58:46.422,0:58:48.757 Now there are-- this doesn't[br]always work perfectly, 0:58:48.757,0:58:50.926 but I the analogy particularly 0:58:50.926,0:58:56.532 to the NSA surveillance[br]situation is quite strong. 0:58:56.532,0:58:59.401 We do as citizens of the[br]United States want to be able 0:58:59.401,0:59:01.170 to have a sense of confidence 0:59:01.170,0:59:05.274 that our intelligence agencies[br]are following the rules 0:59:05.274,0:59:06.642 that they say they're following. 0:59:06.642,0:59:10.079 My guess is they probably do[br]about 90 percent of the time. 0:59:10.079,0:59:12.114 But we want to know that[br]there's some accountability 0:59:12.114,0:59:13.382 to those rules. 0:59:13.382,0:59:16.285 I think we understand that[br]we're not going to be able 0:59:16.285,0:59:22.825 to send auditors, independent[br]auditors inside classified 0:59:22.825,0:59:25.494 environments and can have[br]them come back and report 0:59:25.494,0:59:26.829 on everything they found. 0:59:26.829,0:59:29.031 But if we follow this balance[br]sheet model, if we follow 0:59:29.031,0:59:32.201 to a methodology of assessing[br]how information is used, 0:59:32.201,0:59:34.837 we can get that sense[br]of trust back. 0:59:34.837,0:59:39.808 And finally, as a[br]matter of political trust 0:59:39.808,0:59:41.810 and by political,[br]I don't mean kind 0:59:41.810,0:59:43.746 of small P Washington politics. 0:59:43.746,0:59:45.781 I really mean politics[br]in the sense 0:59:45.781,0:59:48.917 of how we organize[br]ourselves as a society. 0:59:48.917,0:59:54.423 As people on this[br]panel have noted, 0:59:54.423,0:59:57.393 our sources of political[br]trust are complicated 0:59:57.393,1:00:00.029 in the internet environment[br]and unusual. 1:00:00.029,1:00:01.697 We are used to the[br]idea of states 1:00:01.697,1:00:06.368 of government's exercising[br]authority directly 1:00:06.368,1:00:10.539 on institutions often[br]on intermediaries, 1:00:10.539,1:00:12.875 but in the internet[br]world and we're-- 1:00:12.875,1:00:15.077 and if you considered[br]the analogy 1:00:15.077,1:00:19.214 between telephone[br]networks in the past 1:00:19.214,1:00:22.351 and internet service providers[br]today, telephone networks, 1:00:22.351,1:00:24.920 broadcast networks were[br]really creatures of the state. 1:00:24.920,1:00:28.791 They were authorized by[br]the actions of legislatures 1:00:28.791,1:00:32.895 and therefore controlled in that[br]way at the local state federal 1:00:32.895,1:00:35.998 and even international[br]legal level. 1:00:35.998,1:00:38.567 The internet doesn't--[br]has not happened that way, 1:00:38.567,1:00:42.237 it was not a creature of the[br]state ever, it was really 1:00:42.237,1:00:46.709 in many ways a creature of[br]individual and voluntary action 1:00:46.709,1:00:50.279 by some people on this panel,[br]by others all around the world 1:00:50.279,1:00:54.016 who participate in making this[br]internet institutions work. 1:00:54.016,1:00:57.352 But now when we're[br]nervous about how they work 1:00:57.352,1:00:59.722 and how the state work[br]we have rethink some 1:00:59.722,1:01:00.856 of these relationships. 1:01:00.856,1:01:06.095 So, we're going to have[br]to get use to the fact 1:01:06.095,1:01:10.432 that governments-- I[br]would submit cannot reach 1:01:10.432,1:01:12.167 into these internet institutions 1:01:12.167,1:01:15.137 like the internet engineering[br]test force like I can-- 1:01:15.137,1:01:17.506 like the worldwide[br]web consortium 1:01:17.506,1:01:19.875 and achieve exactly[br]the result they want. 1:01:19.875,1:01:23.378 But of course at the same time[br]governments will make laws 1:01:23.378,1:01:27.750 and rules about how individuals[br]and corporations act whether 1:01:27.750,1:01:29.384 for intellectual[br]property protection 1:01:29.384,1:01:33.088 or privacy protection[br]or anything else. 1:01:33.088,1:01:34.456 So, I think that what this-- 1:01:34.456,1:01:38.327 the whole surveillance[br]experience has revealed is 1:01:38.327,1:01:42.698 that the rules and expectations 1:01:42.698,1:01:44.933 that we have are quite[br]a bit more nuanced 1:01:44.933,1:01:47.970 than the very binary[br]technical behavior 1:01:47.970,1:01:49.772 of the internet environment. 1:01:49.772,1:01:52.341 And I think our challenge[br]is now to do a better job 1:01:52.341,1:01:54.076 of articulating just[br]what we expected, 1:01:54.076,1:01:56.211 all these different[br]institutions at all these levels 1:01:56.211,1:01:58.280 and how we're going[br]to find accountability 1:01:58.280,1:02:00.516 to those expectations. 1:02:00.516,1:02:02.017 Thanks. 1:02:02.017,1:02:05.387 >> Thank you Danny and thank[br]you everybody on the panel. 1:02:05.387,1:02:09.091 I think what we'll do now,[br]I'm going to open up first 1:02:09.091,1:02:11.360 to the panelist for[br]five or 10 minutes 1:02:11.360,1:02:15.364 so they can ask questions[br]of their fellow panelists, 1:02:15.364,1:02:19.535 make further, you know,[br]comments, go some back and forth 1:02:19.535,1:02:21.436 that way for five or 10 minutes. 1:02:21.436,1:02:23.972 In the meantime if[br]you in the audience, 1:02:23.972,1:02:27.743 if you have a question would[br]you please if you're physically 1:02:27.743,1:02:31.346 in the audience here[br]at GW step up to one 1:02:31.346,1:02:34.983 of these two microphones in[br]either of the isles, form a line 1:02:34.983,1:02:38.654 and when your turn comes please[br]state your name and affiliation 1:02:38.654,1:02:41.857 and then ask your question. 1:02:41.857,1:02:45.127 If you are in the internet[br]world, if you're off 1:02:45.127,1:02:49.298 in the clouds somewhere and[br]want to communicate send it in, 1:02:49.298,1:02:52.267 Paul any other directions[br]on that 1:02:52.267,1:02:54.469 or you have some[br]questions already? 1:02:54.469,1:02:57.406 While you're waiting, I want to[br]give the panelist a chance first 1:02:57.406,1:02:59.541 but any other protocol? 1:02:59.541,1:03:06.815 >> So, they type the[br]questions into live stream 1:03:06.815,1:03:09.251 and I'll be reading them[br]here at one of these mics. 1:03:09.251,1:03:11.520 So, that's for the[br]live stream panelists. 1:03:11.520,1:03:14.723 In New York they can just line[br]up at their microphone there. 1:03:14.723,1:03:16.425 >> In New York they can[br]line up their microphone 1:03:16.425,1:03:17.593 and we'll see them[br]live up there? 1:03:17.593,1:03:18.493 >> We'll see them,[br]yes, that's right. 1:03:18.493,1:03:19.061 >> OK. 1:03:19.061,1:03:19.628 >> Very good. 1:03:19.628,1:03:20.395 >> All right. 1:03:20.395,1:03:21.230 This will be interesting. 1:03:21.230,1:03:23.398 OK, but first let's get to the-- 1:03:23.398,1:03:27.502 give the panelists a chance[br]to ask questions, Leslie? 1:03:27.502,1:03:31.874 >> So, I want to ask a question[br]of Danny because talking 1:03:31.874,1:03:35.878 about the concern or persuading[br]people that, you know, 1:03:35.878,1:03:38.380 winning people of off[br]government is sort 1:03:38.380,1:03:41.650 of the governance structure[br]for the internet and trying 1:03:41.650,1:03:44.253 to educate them that it's[br]not really government, 1:03:44.253,1:03:47.189 it's all of these other[br]institutions and we do them 1:03:47.189,1:03:49.758 in a multi-stakeholder[br]way and many people 1:03:49.758,1:03:52.861 up here have spent[br]considerable time trying 1:03:52.861,1:03:55.898 to move people to that model. 1:03:55.898,1:03:58.267 It just seems to[br]me that the rest 1:03:58.267,1:04:00.802 of the world right now is going[br]to think we've been involved 1:04:00.802,1:04:02.070 in a slight of hand 1:04:02.070,1:04:06.208 that basically we're[br]saying governments stay out, 1:04:06.208,1:04:10.012 governments don't get[br]too involved here. 1:04:10.012,1:04:13.181 All these other into multi[br]stakeholder institutions are 1:04:13.181,1:04:15.083 really the core of[br]the internet and then 1:04:15.083,1:04:18.020 at the same time[br]building an environment 1:04:18.020,1:04:21.556 where the United States[br]uses historically-- 1:04:21.556,1:04:25.227 historical dominance 1:04:25.227,1:04:28.230 to basically trump all[br]of those governance. 1:04:28.230,1:04:31.800 So, I hear what you're saying[br]but it was a hard argument 1:04:31.800,1:04:34.102 to make to the rest of[br]the world beforehand. 1:04:34.102,1:04:36.405 I'm just curious[br]whether you're continuing 1:04:36.405,1:04:38.206 to say it with a straight face. 1:04:38.206,1:04:39.141 But I'm having trouble. 1:04:39.141,1:04:41.443 >> It's a habit. 1:04:41.443,1:04:47.282 I guess what I would say[br]is the ability to make 1:04:47.282,1:04:49.785 that argument really[br]depends on-- 1:04:49.785,1:04:51.954 as several people[br]have said the layer 1:04:51.954,1:04:53.355 at which you're making[br]the argument. 1:04:53.355,1:05:00.095 I don't believe that the NSA[br]surveillance changes one bit the 1:05:00.095,1:05:06.568 question of who should be[br]setting standards for TCPIP 1:05:06.568,1:05:10.072 or who should be determining[br]how domain names get assigned. 1:05:10.072,1:05:15.277 I do believe that as you[br]said Leslie that the question 1:05:15.277,1:05:20.248 of government espionage[br]activities whether it's the NSA 1:05:20.248,1:05:26.188 or GCHQ or MI5 or, you know,[br]the German Intelligence Agency, 1:05:26.188,1:05:28.490 the French Intelligence[br]Agency, anyone of them, 1:05:28.490,1:05:30.926 all of which you're doing[br]exactly the same thing. 1:05:30.926,1:05:35.998 I do believe that we now have[br]to have a more public discussion 1:05:35.998,1:05:37.632 about what our expectations are 1:05:37.632,1:05:39.835 for surveillance[br]including espionage 1:05:39.835,1:05:42.004 in the internet environment. 1:05:42.004,1:05:47.776 But that shouldn't get confused[br]with the question of whether all 1:05:47.776,1:05:49.778 of a sudden we need[br]a treaty about how 1:05:49.778,1:05:51.847 to set internet technical[br]standards. 1:05:51.847,1:05:55.450 And I believe that, you know,[br]I'm highly uncomfortable talking 1:05:55.450,1:05:56.952 about the rest of the world. 1:05:56.952,1:06:01.757 But I think that what we saw in[br]the internet governance debate 1:06:01.757,1:06:09.297 at the United Nations at the--[br]in Dubai where the proposition 1:06:09.297,1:06:15.670 from Democratic countries like[br]Iran and China and Russia was 1:06:15.670,1:06:17.205 to exert greater control 1:06:17.205,1:06:20.642 over the internet environment[br]was rejected not just 1:06:20.642,1:06:25.747 by the usual suspects, that[br]is the 34 OACD countries 1:06:25.747,1:06:28.016 who you could somewhat[br]expect to do that. 1:06:28.016,1:06:32.554 But by another 20 countries,[br]from Africa and South Asia 1:06:32.554,1:06:35.957 and different parts of[br]the world, that I think 1:06:35.957,1:06:42.898 at Brazil have recognized that[br]while we could always do better 1:06:42.898,1:06:44.900 with the current internet[br]governors arrangements 1:06:44.900,1:06:47.736 that they're working and[br]messing with them has a cause 1:06:47.736,1:06:49.004 for all those countries. 1:06:49.004,1:06:51.973 So, I think as long as we[br]keep these issues distinct 1:06:51.973,1:06:55.410 and don't confuse them[br]I think there's a way 1:06:55.410,1:06:58.814 to have both discussions[br]in a coherent way. 1:06:58.814,1:07:00.082 >> Well, so I agree with you. 1:07:00.082,1:07:00.715 >> I know you do. 1:07:00.715,1:07:01.817 [laughs] 1:07:01.817,1:07:06.154 >> But it seems to me[br]the opportunity here 1:07:06.154,1:07:09.157 for many countries to[br]combine them together 1:07:09.157,1:07:11.393 to not make them distinct. 1:07:11.393,1:07:14.596 The opportunity to[br]reclaim control 1:07:14.596,1:07:17.699 by basically bringing[br]this together. 1:07:17.699,1:07:19.101 >> Sure. So, what[br]did Russia say? 1:07:19.101,1:07:23.038 What did Russia say this-- you[br]know, Russia said in response 1:07:23.038,1:07:25.207 to the NSA we need more[br]government control-- 1:07:25.207,1:07:26.274 >> Right. 1:07:26.274,1:07:30.212 >> -- of both the[br]internet infrastructure 1:07:30.212,1:07:31.580 and the internet companies. 1:07:31.580,1:07:34.216 It's a-- I mean, I think the[br]question is how does anyone say 1:07:34.216,1:07:35.984 that with a straight face 1:07:35.984,1:07:39.421 when the concern was undo[br]government intrusion? 1:07:39.421,1:07:42.023 But, yeah, I mean it-- 1:07:42.023,1:07:45.127 people who want to make those[br]arguments will find ways 1:07:45.127,1:07:46.828 to make them. 1:07:46.828,1:07:50.198 >> I worry that many of those[br]in between are suddenly going 1:07:50.198,1:07:56.838 to become more persuadable[br]because of the outrage. 1:07:56.838,1:08:00.308 >> So, I have a question[br]for my fellow panelists. 1:08:00.308,1:08:04.212 And it's sort of following[br]what Danny just raised. 1:08:04.212,1:08:07.182 In December we had an[br]interesting conference, 1:08:07.182,1:08:09.885 the World Conference 1:08:09.885,1:08:12.320 on International[br]Telecommunications. 1:08:12.320,1:08:15.056 I'll use the acronym[br]WCIT not 'cause I want 1:08:15.056,1:08:16.558 to have the table bounded. 1:08:16.558,1:08:18.260 I explain the acronym first. 1:08:18.260,1:08:19.327 >> You did. 1:08:19.327,1:08:20.428 >> But you hear the[br]term WCIT so I want 1:08:20.428,1:08:22.096 to pronounce it as[br]you might hear it. 1:08:22.096,1:08:23.430 But the World Conference 1:08:23.430,1:08:26.401 on International[br]Telecommunications was look 1:08:26.401,1:08:28.103 at some treaty arrangements. 1:08:28.103,1:08:29.404 So, some tariffs. 1:08:29.404,1:08:33.108 Regarding interconnection[br]and there were number 1:08:33.108,1:08:36.278 of very interesting proposals[br]that shut up in Dubai. 1:08:36.278,1:08:41.283 And I'm struck by the[br]timing because that happened 1:08:41.283,1:08:46.921 and now we now have a lot of[br]events regarding surveillance 1:08:46.921,1:08:49.624 and then I say and[br]so on and so forth. 1:08:49.624,1:08:52.227 And I guess with my panelists[br]I'd ask the question, 1:08:52.227,1:08:56.631 does anyone care to speculate[br]if water had been reversed? 1:08:56.631,1:08:58.166 What the outcome[br]would have been? 1:08:58.166,1:09:01.036 Because I've had a[br]few people suggest 1:09:01.036,1:09:03.904 that that's an interesting[br]exercise. 1:09:03.904,1:09:08.475 I am not sure whether or not[br]the outcome that we had in Dubai 1:09:08.475,1:09:12.913 in December is what[br]we would be seeing 1:09:12.913,1:09:16.451 if in fact it was being[br]done instead next month. 1:09:16.451,1:09:17.786 >> Hold on, that was my concern. 1:09:17.786,1:09:21.122 That's my concern. 1:09:21.122,1:09:26.493 Well, I think that if you[br]look at the World Conference 1:09:26.493,1:09:30.198 on International[br]Telecommunications, 1:09:30.198,1:09:34.769 it was an important treaty[br]negotiation, renegotiation 1:09:34.769,1:09:41.142 that hadn't been renegotiated[br]since 1988, is that right? 1:09:41.142,1:09:45.613 '88. And as Americans we look[br]at these negotiations as one-- 1:09:45.613,1:09:52.587 as a one negotiation and I think[br]that that's a poor perspective 1:09:52.587,1:09:56.057 because the WCIT was really 1:09:56.057,1:10:01.029 about how does one monetize[br]the internet and to pay 1:10:01.029,1:10:03.365 for court infrastructure. 1:10:03.365,1:10:09.437 And it is one of a multi-series[br]of negotiations, the world-- 1:10:09.437,1:10:13.842 there's another[br]telecommunications conference 1:10:13.842,1:10:17.212 on policy, WTPF, it[br]just happened in Geneva 1:10:17.212,1:10:20.448 and they'll be the world[br]summit on information society 1:10:20.448,1:10:24.753 that will be culminating[br]in 2014 I think, right? 1:10:24.753,1:10:26.121 2014, '15. 1:10:26.121,1:10:27.389 >> So on, yup. 1:10:27.389,1:10:31.092 >> And there will be 24[br]negotiations to go between now 1:10:31.092,1:10:35.830 and then that will ultimately[br]be where things will land. 1:10:35.830,1:10:37.299 And then from-- the world summit 1:10:37.299,1:10:39.467 on information society[br]will be the strategy 1:10:39.467,1:10:43.471 by which will be executed[br]in the WTPF for policy. 1:10:43.471,1:10:48.143 The WCIT for regulation and[br]in the internet standards-- 1:10:48.143,1:10:50.211 in the international[br]standards organization 1:10:50.211,1:10:53.281 for the overall technology. 1:10:53.281,1:10:57.452 So, I think if you are a[br]person in the corporate world 1:10:57.452,1:10:59.688 and you're worried about these[br]things you shouldn't just look 1:10:59.688,1:11:01.790 at one of these forums[br]as one off. 1:11:01.790,1:11:03.191 And if you're worried about it 1:11:03.191,1:11:05.226 from a government perspective[br]it's not just the policy forum 1:11:05.226,1:11:07.495 where the regulatory forum,[br]it's all of this forum 1:11:07.495,1:11:08.830 and they're all interconnected. 1:11:08.830,1:11:12.567 So, I would say that yes, I[br]think you actually suggested 1:11:12.567,1:11:15.770 that it was a positive outcome[br]at WCIT in Dubai and I think 1:11:15.770,1:11:19.240 that the United States lost[br]in that negotiation but-- 1:11:19.240,1:11:23.111 and I think that the United[br]States and many are going 1:11:23.111,1:11:26.348 to continue to lose and it's[br]going to be a quick erosion 1:11:26.348,1:11:31.486 of our stance not a slower[br]version of our stance. 1:11:31.486,1:11:34.456 >> I'll take one more[br]question from the panel. 1:11:34.456,1:11:36.558 Any other panelist has[br]a question before we go 1:11:36.558,1:11:39.327 out to the audience? 1:11:39.327,1:11:42.197 Going once? 1:11:43.765,1:11:45.333 OK. 1:11:45.333,1:11:47.369 >> Mike Nelson with[br]Bloomberg Government 1:11:47.369,1:11:49.137 and with Georgetown University. 1:11:49.137,1:11:51.673 I want to commend the internet[br]society for great panel, 1:11:51.673,1:11:53.708 we got the lawyers,[br]we've got the techies, 1:11:53.708,1:11:56.578 we've got the scholars,[br]we've got the activists, 1:11:56.578,1:11:59.347 and that's great but we[br]tend here in Washington 1:11:59.347,1:12:00.915 to talk about the policy. 1:12:00.915,1:12:03.685 And Danny I tweeted your-- 1:12:03.685,1:12:06.955 a [inaudible] of your talk[br]which I thought was exceptional. 1:12:06.955,1:12:08.890 And that was-- 1:12:08.890,1:12:10.792 >> You got it to 142 characters? 1:12:10.792,1:12:12.627 >> Less than that. 1:12:12.627,1:12:17.766 But you basically said, data[br]will flow, we can't really focus 1:12:17.766,1:12:20.402 as we used to on[br]controlling that flow, 1:12:20.402,1:12:25.073 we have to control the[br]misuse of that data. 1:12:25.073,1:12:27.876 Policy makers are starting[br]to understand that. 1:12:27.876,1:12:30.478 But I think we also[br]have to figure out a way 1:12:30.478,1:12:33.648 that techies can start[br]implementing systems 1:12:33.648,1:12:35.150 that reflect that. 1:12:35.150,1:12:38.253 And the first way to[br]do that is to make sure 1:12:38.253,1:12:41.589 that systems are more[br]transparent so that we can see 1:12:41.589,1:12:44.459 where data is being misused. 1:12:44.459,1:12:47.829 And I guess I'd challenge the[br]audience to think about privacy, 1:12:47.829,1:12:50.832 not to tell the audience[br]and the panel to think 1:12:50.832,1:12:53.868 about transparency by design. 1:12:53.868,1:12:57.505 We've heard about privacy by[br]design but has anybody thought 1:12:57.505,1:13:00.642 of examples of where we're[br]building in the transparencies 1:13:00.642,1:13:03.144 so its in the technology[br]and other places 1:13:03.144,1:13:05.079 where we could do that better? 1:13:05.079,1:13:08.016 Just an open question. 1:13:08.016,1:13:09.417 >> Laura? 1:13:09.417,1:13:13.421 >> OK. I think that's a really[br]great question and a good point. 1:13:13.421,1:13:16.858 I'll give one example of where[br]I think the transparency is 1:13:16.858,1:13:18.693 excellent and then[br]a couple of examples 1:13:18.693,1:13:21.262 where I think we need[br]more transparency. 1:13:21.262,1:13:24.232 What is one of the oldest and[br]most vulnerable institutions 1:13:24.232,1:13:25.600 of internet governance? 1:13:25.600,1:13:28.736 The internet engineering[br]taskforce jumps to mind. 1:13:28.736,1:13:30.038 So, this is the-- one 1:13:30.038,1:13:32.941 of the standard setting[br]organizations for the internet. 1:13:32.941,1:13:34.676 There are many others[br]but they have set many 1:13:34.676,1:13:39.814 of the core standards so they[br]have a tradition of being open 1:13:39.814,1:13:41.249 in three different ways. 1:13:41.249,1:13:44.052 They're open in the[br]development of a standard 1:13:44.052,1:13:46.221 and that anyone can participate. 1:13:46.221,1:13:49.190 Now, granted there are a lot[br]of barriers to participation, 1:13:49.190,1:13:51.459 it requires a lot of[br]technical knowledge, 1:13:51.459,1:13:54.929 it requires in many[br]cases money to go to some 1:13:54.929,1:13:57.065 of the events in time. 1:13:57.065,1:13:59.734 But it is basically[br]open to anyone. 1:13:59.734,1:14:02.370 They are also open[br]and transparent 1:14:02.370,1:14:04.739 in that the actual[br]specification. 1:14:04.739,1:14:06.508 So, a standard is[br]not really software 1:14:06.508,1:14:09.377 or hardware specifications[br]that are written down 1:14:09.377,1:14:11.546 and people can go[br]online and view them. 1:14:11.546,1:14:14.516 So, I would differ with some[br]of the panelists and say that, 1:14:14.516,1:14:17.919 "Oh the technology[br]is-- it is political." 1:14:17.919,1:14:22.023 So, the technology designers[br]make political decisions 1:14:22.023,1:14:25.527 in the design whether they[br]like to call it that or not. 1:14:25.527,1:14:27.695 So, sometimes privacy[br]is designed in. 1:14:27.695,1:14:30.198 Think about encryption[br]standards for example. 1:14:30.198,1:14:33.535 Think about unique identifiers[br]and the privacy implications. 1:14:33.535,1:14:36.971 Yet the specification is[br]open so there are some degree 1:14:36.971,1:14:39.240 of accountability where[br]people can view it. 1:14:39.240,1:14:41.442 It's also open in[br]the implementation 1:14:41.442,1:14:44.379 because it results in[br]multiple competing products 1:14:44.379,1:14:46.247 that are based on that standard. 1:14:46.247,1:14:47.649 So, that's an example. 1:14:47.649,1:14:50.718 In other cases we don't have a[br]lot of transparency and I agree 1:14:50.718,1:14:52.186 with you that we need more. 1:14:52.186,1:14:55.890 So, here is an example, how do[br]we look at interconnections? 1:14:55.890,1:14:59.394 So, this is an area where[br]I'm worried because of all 1:14:59.394,1:15:01.563 of the calls for greater[br]government regulation 1:15:01.563,1:15:03.097 of interconnection in an area 1:15:03.097,1:15:06.401 that has worked fairly[br]well up until now. 1:15:06.401,1:15:08.536 Well, part of the reason[br]we're seeing this calls 1:15:08.536,1:15:10.772 for a regulation is that we[br]can't really see what the 1:15:10.772,1:15:13.207 agreements are between[br]these private companies. 1:15:13.207,1:15:17.178 So, I think it would be more[br]helpful to have transparency 1:15:17.178,1:15:19.714 in an area such as that as well[br]as other infrastructure areas. 1:15:19.714,1:15:25.987 >> So, I want to go[br]back to Danny's premise 1:15:25.987,1:15:28.856 which you apparently[br]support which seems to be-- 1:15:28.856,1:15:32.560 data will flow, everybody[br]will collect it 1:15:32.560,1:15:34.395 and we should only[br]focus on the uses. 1:15:34.395,1:15:36.864 And that's certainly a[br]discussion we've had on sort 1:15:36.864,1:15:39.334 of the consumer side[br]of the ledger? 1:15:39.334,1:15:41.402 You know, Google will[br]collect it and where we have 1:15:41.402,1:15:44.339 to focus our attention[br]is how they're using it. 1:15:44.339,1:15:47.542 I have to submit the government[br]is collecting information 1:15:47.542,1:15:52.113 and certainly the US government[br]collecting information really 1:15:52.113,1:15:55.917 to-- is subject to-- I mean in[br]our own country it's subject 1:15:55.917,1:15:59.954 to this little thing called[br]the Fourth Amendment and I know 1:15:59.954,1:16:03.992 of no case and I stand-- I'm[br]willing to stand corrected 1:16:03.992,1:16:06.828 that says, you can go in-- 1:16:06.828,1:16:09.597 I mean, this is essentially[br]what the governments is arguing 1:16:09.597,1:16:11.232 in NSA collection. 1:16:11.232,1:16:15.837 And they're calling it[br]acquisition and not collection 1:16:15.837,1:16:19.507 that acquiring the[br]information is not collection. 1:16:19.507,1:16:24.445 And that any rights that[br]might attach don't happen 1:16:24.445,1:16:26.280 until you open and[br]look at the packets. 1:16:26.280,1:16:29.117 I don't know, you know, I've[br]never heard anybody come 1:16:29.117,1:16:31.519 into somebody's house, walk[br]away with their desk drawer 1:16:31.519,1:16:33.855 and say, "We're acquiring." 1:16:33.855,1:16:37.659 To let you know if we ever[br]get around to looking at it. 1:16:37.659,1:16:41.095 And so-- Danny and I have[br]some disagreement although I'm 1:16:41.095,1:16:43.631 getting persuaded[br]more and more by his-- 1:16:43.631,1:16:47.802 by the question of use[br]in the commercial side 1:16:47.802,1:16:49.837 of this big data world. 1:16:49.837,1:16:52.607 But, I'm not willing to go[br]there in terms of governments. 1:16:52.607,1:16:54.742 And I think it's a really[br]dangerous thing to do. 1:16:54.742,1:17:00.815 >> So I-- just to[br]clarify, my observation 1:17:00.815,1:17:07.789 that data will flow is not[br]meant as a moral conclusion. 1:17:07.789,1:17:11.492 And I think the extension[br]which we choose to put limits 1:17:11.492,1:17:15.596 on how much data government[br]can acquire from those 1:17:15.596,1:17:17.465 who have already[br]collected it, right. 1:17:17.465,1:17:21.636 Because that's what[br]we're talking about here, 1:17:21.636,1:17:26.708 it's very important and I think[br]that historically we have relied 1:17:26.708,1:17:32.080 on technical barriers to large[br]scale information collection 1:17:32.080,1:17:34.882 as a way to limit how much[br]power the government has 1:17:34.882,1:17:36.217 and we don't have those anymore. 1:17:36.217,1:17:38.619 So, we're going to have[br]to get very explicit 1:17:38.619,1:17:41.155 about what limits we think[br]government should have 1:17:41.155,1:17:43.424 on both the collection[br]and the use front. 1:17:43.424,1:17:46.594 My only observation kind of[br]back to your point Mike is 1:17:46.594,1:17:50.364 that we are much[br]better technically 1:17:50.364,1:17:52.734 at managing collection[br]limitation 1:17:52.734,1:17:54.736 than we are managing[br]use limitation. 1:17:54.736,1:17:57.038 Just as a pure matter[br]of the kinds 1:17:57.038,1:18:00.708 of computer science techniques[br]that we have available 1:18:00.708,1:18:04.779 and I would submit[br]that's because, you know, 1:18:04.779,1:18:07.782 the computer security community[br]cryptographers have taught us a 1:18:07.782,1:18:12.220 huge amount about how[br]to keep data secret 1:18:12.220,1:18:14.155 and control access to data. 1:18:14.155,1:18:17.125 There's a whole other set[br]of disciplines developing 1:18:17.125,1:18:21.629 in computer science that try to[br]characterize information usage, 1:18:21.629,1:18:26.134 track information usage,[br]but it is a different-- 1:18:26.134,1:18:30.505 but there is less progress[br]on that because I think 1:18:30.505,1:18:33.207 that that's not a[br]view of privacy 1:18:33.207,1:18:36.944 that computer sciences[br]have previously focused on. 1:18:36.944,1:18:38.780 So, I think you're[br]exactly right to point 1:18:38.780,1:18:40.581 out that we need[br]more work there. 1:18:40.581,1:18:41.983 >> I'd actually hear[br]from the techies. 1:18:41.983,1:18:44.418 Because I wasn't thinking[br]so much about transparency 1:18:44.418,1:18:46.487 at the institution[br]level at layer eight. 1:18:46.487,1:18:48.890 I was thinking more[br]the lower levels. 1:18:48.890,1:18:49.957 Well, like-- 1:18:49.957,1:18:51.325 >> Oh, I'll give the--[br]let me give the-- 1:18:51.325,1:18:52.727 >> -- like route to tracing,[br]you know, when we send an e-mail 1:18:52.727,1:18:54.729 to each other you can find out[br]where it balanced along the way. 1:18:54.729,1:18:57.098 >> Let me give the techies[br]about two minutes before we move 1:18:57.098,1:18:59.433 on to another question[br]because we will have a chance 1:18:59.433,1:19:02.003 to circle back in[br]the round table again 1:19:02.003,1:19:03.805 so we can take another[br]bite at the apple here. 1:19:03.805,1:19:04.338 >> Yeah. 1:19:04.338,1:19:05.406 >> Go ahead. 1:19:05.406,1:19:06.774 >> I just want to--[br]just very quickly. 1:19:06.774,1:19:08.042 Stealing is stealing. 1:19:08.042,1:19:09.577 It doesn't matter whether[br]it's in the physical world 1:19:09.577,1:19:11.479 or in the cyber world. 1:19:11.479,1:19:16.184 So, whatever the techniques you[br]have to collect data of a theft, 1:19:16.184,1:19:18.953 in the physical world you[br]can apply the same techniques 1:19:18.953,1:19:20.288 in the cyber world. 1:19:20.288,1:19:22.156 The difference is speed. 1:19:22.156,1:19:25.293 I mean it takes me[br]physically a long time to go in 1:19:25.293,1:19:27.762 and steal a laptop from[br]the gentleman's tester 1:19:27.762,1:19:30.264 but I can steal all the[br]information on his laptop 1:19:30.264,1:19:32.934 in a second, probably as long[br]as it took me to do it as long 1:19:32.934,1:19:34.769 as I can connect[br]it over the net. 1:19:34.769,1:19:38.206 So, the comment about[br]the government, you know, 1:19:38.206,1:19:41.175 and the search warrant in[br]the constitution, you should, 1:19:41.175,1:19:42.210 you know, that's why it's there. 1:19:42.210,1:19:43.811 That's why we have[br]the constitution is 1:19:43.811,1:19:45.012 to follow those laws. 1:19:45.012,1:19:47.715 And you can still achieve[br]the same goals and stay 1:19:47.715,1:19:49.750 within the constitutional[br]limits. 1:19:49.750,1:19:51.118 It's been done. 1:19:51.118,1:19:54.021 It's just that what's happened[br]is we got a bunch of people 1:19:54.021,1:19:58.092 at the policy level that[br]didn't understand what the 1:19:58.092,1:20:00.027 implications are. 1:20:00.027,1:20:01.395 And that's where-- everything 1:20:01.395,1:20:03.097 that they've done[br]has been legal. 1:20:03.097,1:20:04.332 It-- the law is the problem. 1:20:04.332,1:20:06.601 Not what whether[br]they're doing it or that. 1:20:06.601,1:20:08.836 >> I would question that. 1:20:08.836,1:20:10.037 >> But-- 1:20:10.037,1:20:13.074 >> OK. I'm going to move[br]this along because I want 1:20:13.074,1:20:15.610 to give Joanne a chance and[br]I'm sure Steve is getting a lot 1:20:15.610,1:20:17.879 of farther for the round table[br]to come back to just later on. 1:20:17.879,1:20:19.213 >> So, I don't want[br]to pick up on thing 1:20:19.213,1:20:23.818 which is the internet has[br]a tradition or convention, 1:20:23.818,1:20:28.489 I wouldn't say tradition,[br]convention of protocols 1:20:28.489,1:20:31.359 which behave in an open manner. 1:20:31.359,1:20:34.896 And so, this is for[br]example, your-- 1:20:34.896,1:20:37.465 when you're looking at how[br]packets flow, there are commands 1:20:37.465,1:20:40.167 like traceroute that let you see[br]how they go through the internet 1:20:40.167,1:20:43.738 and you can map them through an[br]exchange point most of the time. 1:20:43.738,1:20:46.274 When you look at mail headers,[br]you can look at e-mail headers 1:20:46.274,1:20:48.676 and you can actually see,[br]wow that's not my e-mail, 1:20:48.676,1:20:51.512 it got from point A to[br]point B and it's visible 1:20:51.512,1:20:54.282 and you can see those[br]most of the time. 1:20:54.282,1:20:57.385 When you look at a packet that[br]you've received you can look 1:20:57.385,1:21:00.121 at the source address and[br]say, "Oh, where is that from?" 1:21:00.121,1:21:04.025 And you can look it up and[br]find it most of the time. 1:21:04.025,1:21:06.594 Now, there is no[br]obligations that any 1:21:06.594,1:21:08.429 of this information is accurate. 1:21:08.429,1:21:09.897 It's all sufficiently accurate 1:21:09.897,1:21:12.600 to keep the internet[br]running or at least so far. 1:21:12.600,1:21:15.336 And we hope it will[br]just keep it running, 1:21:15.336,1:21:18.873 but there's no actual[br]obligations and you need 1:21:18.873,1:21:23.077 to be careful because while[br]there would be some benefit 1:21:23.077,1:21:27.181 to having an attribute that says[br]there's an actual obligation 1:21:27.181,1:21:30.918 to make this accurate, then[br]I see people emerging saying, 1:21:30.918,1:21:34.455 "Well, wait a second, now I'm[br]worried about my anonymity 1:21:34.455,1:21:38.326 because now you can trace my[br]IP, or you can trace my e-mail." 1:21:38.326,1:21:43.931 So, we have just a[br]convention of transparency 1:21:43.931,1:21:46.133 which has been enough to[br]keep the internet running. 1:21:46.133,1:21:47.835 There is a question on[br]whether or not that's going 1:21:47.835,1:21:50.538 to actually work long term. 1:21:50.538,1:21:55.176 The point that was made by[br]Randy which is that the rate 1:21:55.176,1:21:58.379 at which you can attack[br]something digitally is a lot 1:21:58.379,1:21:59.914 faster than physically. 1:21:59.914,1:22:03.451 And this means that the ability[br]to have an accountable internet 1:22:03.451,1:22:07.822 where we can actually figure[br]out who sent the bomb threat 1:22:07.822,1:22:11.359 or figure out who sent the[br]e-mail which cause the problem 1:22:11.359,1:22:15.563 at the school is[br]potentially a very large duty 1:22:15.563,1:22:19.767 and it may require us making[br]a tradeoff between anonymity 1:22:19.767,1:22:24.138 and curated anonymity in[br]order to have accountability. 1:22:24.138,1:22:26.173 Right now it's not[br]clear that one 1:22:26.173,1:22:27.975 or the other is the[br]right answer. 1:22:27.975,1:22:31.245 >> So, we may-- we'll circle[br]back to this in the round table. 1:22:31.245,1:22:34.749 Let me move on to the[br]next question over here. 1:22:34.749,1:22:38.853 >> All right, I'm [inaudible][br]cofounder of Codex for Africa. 1:22:38.853,1:22:40.921 This is more to as[br]the techie side too 1:22:40.921,1:22:43.257 but at the same time[br]from a global view. 1:22:43.257,1:22:47.695 We represent thousand[br]of developers in Africa, 1:22:47.695,1:22:49.764 in the upcoming years it's going 1:22:49.764,1:22:51.832 to be more software[br]developers who're are going 1:22:51.832,1:22:56.070 to be creating thousands of[br]applications on mobile and web. 1:22:56.070,1:22:59.507 And one of the things is what[br]are the strategies there, 1:22:59.507,1:23:03.077 when you have emerging countries[br]or emerging economy jumping 1:23:03.077,1:23:06.213 on a bag of bandwagon of using[br]the internet to do transaction 1:23:06.213,1:23:08.849 with the US or the[br]western world. 1:23:08.849,1:23:12.486 What do you think what would[br]happen because I could be 1:23:12.486,1:23:16.924 in a country like Synagogue,[br]you know, do some hacking, 1:23:16.924,1:23:20.561 I can do anything I can because[br]you don't have access to the-- 1:23:20.561,1:23:22.630 maybe the continent[br]level network. 1:23:22.630,1:23:27.935 But as well as the[br]western world, 1:23:27.935,1:23:29.804 what are your strategies[br]and all that? 1:23:29.804,1:23:33.607 >> Well, this is where[br]the law comes into play. 1:23:33.607,1:23:35.576 What we hear on the[br]techie side for instance is 1:23:35.576,1:23:38.345 of course there is laws[br]in hacking in the US, 1:23:38.345,1:23:41.048 but there is no laws[br]in hacking in China, 1:23:41.048,1:23:42.416 as we would understand it. 1:23:42.416,1:23:45.820 So, each country gets to define,[br]you know, what a hacking is. 1:23:45.820,1:23:49.323 Some may take it as an[br]assault against the government 1:23:49.323,1:23:51.192 if you are hacking, you know, 1:23:51.192,1:23:54.795 some might just say it's[br]a plain and simple theft. 1:23:54.795,1:23:57.131 So, you're going to have to-- I[br]would think you'd have to look 1:23:57.131,1:23:59.900 at each individual[br]country's definition 1:23:59.900,1:24:03.504 of what they considered to[br]be hacking in that case. 1:24:03.504,1:24:07.641 Now, on the other side, again,[br]if you're writing an application 1:24:07.641,1:24:09.810 for someone like that then[br]you're going to do logging, 1:24:09.810,1:24:12.480 you're going to do all of this[br]type of stuff because you want 1:24:12.480,1:24:15.749 to provide an auditor[br]if you will 1:24:15.749,1:24:17.952 if it's a financial[br]application with some record 1:24:17.952,1:24:20.654 of whatever transactions[br]your software handles. 1:24:20.654,1:24:23.557 So, there's always going to be[br]a record of something that you-- 1:24:23.557,1:24:26.460 either your app did or[br]where your app went. 1:24:26.460,1:24:30.331 Whether it's accurate or[br]not that's another question 1:24:30.331,1:24:31.632 but there's always[br]going to be a record. 1:24:31.632,1:24:34.635 And again, metadata[br]analysis I can use that 1:24:34.635,1:24:35.903 and make some inferences 1:24:35.903,1:24:39.039 as to what you did even[br]though I can't see what you-- 1:24:39.039,1:24:43.511 what's in your individual[br]packets if you encrypted them. 1:24:43.511,1:24:44.578 >> John? 1:24:44.578,1:24:48.716 >> So, that's an amazing[br]wake up call here. 1:24:48.716,1:24:51.552 So, we have this internet[br]that's remarkable. 1:24:51.552,1:24:56.056 It allows people to interact,[br]people in different countries 1:24:56.056,1:24:59.059 with different expectations[br]to interact. 1:24:59.059,1:25:00.995 And yet, the conventions 1:25:00.995,1:25:06.667 by which governments work[br]haven't evolved fast enough. 1:25:06.667,1:25:10.204 The idea that citizen in country[br]A is interacting with citizen 1:25:10.204,1:25:14.542 in country B and it might be[br]illegal in one country and not 1:25:14.542,1:25:17.111 in another is a whole[br]new concept 1:25:17.111,1:25:19.914 that governments are going[br]to take some time to try 1:25:19.914,1:25:21.448 to figure out how to deal with. 1:25:21.448,1:25:22.683 So, we have a problem. 1:25:22.683,1:25:25.352 We literally have an[br]internet that has capabilities 1:25:25.352,1:25:29.223 that governments haven't[br]come to grip on how 1:25:29.223,1:25:32.893 to handle their duties[br]and responsibilities. 1:25:32.893,1:25:35.429 I know governments[br]have feel very strongly 1:25:35.429,1:25:38.499 about protecting their[br]citizens against pornography 1:25:38.499,1:25:41.869 or against certain[br]types of content. 1:25:41.869,1:25:43.270 I know governments[br]in other countries 1:25:43.270,1:25:46.840 that feel very strongly that[br]that's up to each citizen. 1:25:46.840,1:25:49.944 But the reality is that that[br]intersection has now happened 1:25:49.944,1:25:51.145 because of the internet. 1:25:51.145,1:25:53.948 Two governments can have[br]very different views 1:25:53.948,1:25:56.817 on what their responsibilities[br]of their citizens are. 1:25:56.817,1:26:00.387 So, to answer your[br]question in a general case, 1:26:00.387,1:26:02.022 the internets move[br]faster than governments. 1:26:02.022,1:26:04.024 Governments literally do[br]not know how to interact 1:26:04.024,1:26:05.893 with the situation you describe. 1:26:05.893,1:26:09.396 On a practical matter, if[br]you end up doing something 1:26:09.396,1:26:13.033 of significance, something[br]that causes a lot of harm 1:26:13.033,1:26:17.271 or actually there's a very[br]nice list of types of attacks, 1:26:17.271,1:26:21.775 distraction of property, theft[br]of intellectual property. 1:26:21.775,1:26:25.412 There's different types[br]of extortion or DDoS, 1:26:25.412,1:26:29.416 if you actually do something of[br]a major magnitude you'll find 1:26:29.416,1:26:32.119 out that law enforcement does[br]cooperate between countries 1:26:32.119,1:26:33.520 and it works very well. 1:26:33.520,1:26:36.223 It's just not set up for[br]the scale of the internet. 1:26:36.223,1:26:39.560 And it's in the age[br]of the cooperation 1:26:39.560,1:26:41.195 between law enforcement 1:26:41.195,1:26:44.898 and various computer[br]response teams is one step 1:26:44.898,1:26:48.135 above fax machines ringing[br]and going back and forth. 1:26:48.135,1:26:51.538 We have the mechanism to[br]handle the really bad events 1:26:51.538,1:26:53.073 fairly slowly. 1:26:53.073,1:26:55.342 We don't have anything[br]to handle the scale 1:26:55.342,1:26:58.545 of automatic attacks[br]happening 24 hours a day 1:26:58.545,1:27:00.114 around the entire[br]globe which don't-- 1:27:00.114,1:27:01.682 >> Let me move to Danny. 1:27:01.682,1:27:03.550 He wanted to say something[br]and then I'm going to move 1:27:03.550,1:27:05.152 on to the next question. 1:27:05.152,1:27:06.820 By the way, I can't[br]really talk to anybody 1:27:06.820,1:27:09.256 in New York once[br]I ask a question. 1:27:09.256,1:27:11.492 So, what they do I guess[br]they'll stand up or something 1:27:11.492,1:27:12.459 or else go through Paul. 1:27:12.459,1:27:13.794 Danny, go ahead. 1:27:13.794,1:27:17.965 >> I just want to make one[br]observation about the challenge 1:27:17.965,1:27:23.537 of international law[br]enforcement cooperation. 1:27:23.537,1:27:26.106 Most people in this room[br]are probably familiar 1:27:26.106,1:27:30.577 with the SOPA debate that was[br]proposed in United States. 1:27:30.577,1:27:33.814 In a certain sense we only[br]have that debate with all 1:27:33.814,1:27:40.154 of its cataclysm because of the[br]failure of current mechanisms 1:27:40.154,1:27:43.023 in international law[br]enforcement cooperation. 1:27:43.023,1:27:45.592 We have that debate, the[br]Congress was considering 1:27:45.592,1:27:50.564 that law blocking access 1:27:50.564,1:27:53.233 to websites outside[br]the United States 1:27:53.233,1:27:58.038 that might have infringing[br]content because people 1:27:58.038,1:27:59.473 in Congress were concerned 1:27:59.473,1:28:03.344 that US Law Enforcement didn't[br]have an effective way of working 1:28:03.344,1:28:07.781 with law enforcement[br]authorities from the countries 1:28:07.781,1:28:09.850 where the infringement[br]was actually happening. 1:28:09.850,1:28:16.256 I think that we have to get a[br]lot better as John is suggesting 1:28:16.256,1:28:18.859 at add enforcement cooperation. 1:28:18.859,1:28:21.895 There are realms where that[br]works reasonably well but it's-- 1:28:21.895,1:28:25.632 the problem is it's mostly[br]cooperation in the form of how 1:28:25.632,1:28:30.003 to make a criminal conviction[br]against someone to stick. 1:28:30.003,1:28:32.773 Law enforcement cooperation[br]mechanisms are good 1:28:32.773,1:28:34.541 at exchanging evidence,[br]it make sure 1:28:34.541,1:28:37.811 that you have the information[br]you need to, you know, 1:28:37.811,1:28:41.215 bring someone to[br]trial but not good 1:28:41.215,1:28:45.219 at actually stopping[br]the behavior 1:28:45.219,1:28:47.054 that maybe harmful[br]as it's happening. 1:28:47.054,1:28:49.156 So, I think it's a[br]very big challenge. 1:28:49.156,1:28:51.792 >> All right, go to Paul for a-- 1:28:51.792,1:28:53.727 >> I actually did see that[br]David Salmon [assumed spelling] 1:28:53.727,1:28:57.131 of the New York Society's[br]chapter president would 1:28:57.131,1:28:58.365 like to have a question. 1:28:58.365,1:28:59.700 So, why don't we go[br]to him if he will-- 1:28:59.700,1:29:01.568 I think they have a[br]little bit of a delay. 1:29:01.568,1:29:05.539 So, he might just be[br]hearing this in a second. 1:29:05.539,1:29:07.441 >> OK David. 1:29:07.441,1:29:14.982 [ Inaudible Remark ] 1:29:14.982,1:29:22.689 >> OK, that's your cue David. 1:29:22.689,1:29:24.558 >> OK. I'll speak to the[br]camera then or-- yeah. 1:29:24.558,1:29:26.460 OK, so. 1:29:26.460,1:29:34.001 [ Inaudible Remark ] 1:29:34.001,1:29:36.570 OK, we have some delay here. 1:29:36.570,1:29:39.440 My question is what sort 1:29:39.440,1:29:41.608 of scenarios do our[br]panelists envision 1:29:41.608,1:29:45.712 and what would be some[br]alternative solutions 1:29:45.712,1:29:50.417 if our government specifically[br]Congress is unwilling or unable 1:29:50.417,1:29:54.755 to rain in agencies such as the[br]NSA in terms of surveillance? 1:29:54.755,1:29:57.057 If they can't do[br]it or choose not 1:29:57.057,1:29:58.992 to what would be[br]the consequences? 1:29:58.992,1:30:02.029 Are there technical solutions[br]or are there possible solutions 1:30:02.029,1:30:05.032 that could be implemented[br]without US government? 1:30:05.032,1:30:09.803 >> OK. The panelists are being--[br]the panelists are being asked, 1:30:09.803,1:30:11.605 is there a work around congress? 1:30:11.605,1:30:15.075 >> I would just to[br]speak to it just 1:30:15.075,1:30:16.944 as an individual not[br]as a panel member. 1:30:16.944,1:30:18.312 But if congress can't rain 1:30:18.312,1:30:21.548 in the government agency we[br]have a lot more serious problems 1:30:21.548,1:30:23.584 than what's going[br]on in the internet. 1:30:23.584,1:30:28.021 >> When was the last time[br]we passed a federal budget? 1:30:28.021,1:30:30.257 >> I mean, they are[br]government agency. 1:30:30.257,1:30:31.358 Congress has to do that. 1:30:31.358,1:30:34.695 Now, again, there is[br]classified information 1:30:34.695,1:30:37.865 and all this other stuff that[br]can influence how law is passed. 1:30:37.865,1:30:40.968 But quite frankly if congress[br]didn't have that power 1:30:40.968,1:30:43.737 to do it then we wouldn't see[br]General Alexander making a run 1:30:43.737,1:30:47.174 up to talk to members, I[br]think was it today or-- 1:30:47.174,1:30:48.475 >> No, it's tomorrow. 1:30:48.475,1:30:49.409 >> Yeah, the vote is tomorrow. 1:30:49.409,1:30:50.944 So, you know, doing that, 1:30:50.944,1:30:53.780 so certainly I would think[br]congress has the ability to do 1:30:53.780,1:30:56.216 and should have the ability or[br]else we don't have a democracy. 1:30:56.216,1:30:59.820 >> OK, any other[br]panelist winging on that? 1:30:59.820,1:31:00.320 Lynn? 1:31:00.320,1:31:01.622 >> Well-- 1:31:01.622,1:31:03.223 >> You can just say quicker[br]than I'm-- oh, I'm sorry. 1:31:03.223,1:31:04.324 >> No please. 1:31:04.324,1:31:06.527 >> That, you know, there[br]are ways for people 1:31:06.527,1:31:08.228 to manage their traffic. 1:31:08.228,1:31:11.331 I know I'm certainly certain[br]that would be even more ways 1:31:11.331,1:31:14.801 for people to manage their[br]traffic and choose the routing. 1:31:14.801,1:31:17.137 We actually are quite[br]concerned about that 1:31:17.137,1:31:20.707 because it will make the global[br]internet much less resilient. 1:31:20.707,1:31:24.545 It will-- putting something[br]in a box doesn't mean it's-- 1:31:24.545,1:31:29.149 it maybe protecting it from[br]one country actually examine it 1:31:29.149,1:31:31.451 but it doesn't protect[br]the other country. 1:31:31.451,1:31:36.490 And so, I'm not quite sure[br]what David's question was but, 1:31:36.490,1:31:39.927 you know, if it's about[br]routing and the ability to route 1:31:39.927,1:31:42.829 around what you see as a[br]problem, I think we need 1:31:42.829,1:31:44.131 to be very, very[br]careful about what some 1:31:44.131,1:31:45.465 of those potential solutions are 1:31:45.465,1:31:47.501 and because I don't think[br]it will address the question 1:31:47.501,1:31:50.003 you're-- the problem you're[br]trying to route around. 1:31:50.003,1:31:54.274 And in fact it will overtime[br]make the global internet much 1:31:54.274,1:31:57.044 less resilient. 1:31:57.044,1:31:58.111 >> Paul? 1:31:58.111,1:31:59.880 >> OK, I have a question[br]from live stream. 1:31:59.880,1:32:01.615 It's from Garth Gram[br][assumed spelling]. 1:32:01.615,1:32:03.850 He asks, is the real[br]issue autonomy 1:32:03.850,1:32:06.587 and self determined[br]choice rather than privacy? 1:32:06.587,1:32:09.423 And if so, what is[br]the role of identity 1:32:09.423,1:32:12.926 in addressing the[br]issue of trust? 1:32:12.926,1:32:20.634 >> Well, I'll take[br]one step at that. 1:32:20.634,1:32:24.871 I think that in the[br]discussions of privacy 1:32:24.871,1:32:31.778 over the last 10 years or[br]so, maybe longer I think 1:32:31.778,1:32:36.383 that we've gotten a little[br]bit distracted by the promise 1:32:36.383,1:32:41.588 of individual choice as[br]somehow the key to privacy. 1:32:41.588,1:32:45.325 I think that a lot of[br]the privacy values-- 1:32:45.325,1:32:48.462 and what I mean by that[br]is the dialogue box is 1:32:48.462,1:32:51.898 that everyone sees in, you[br]know, one website or another 1:32:51.898,1:32:54.701 where you have to click here[br]to accept the privacy policy 1:32:54.701,1:32:57.571 or swat away a dialogue[br]box to proceed. 1:32:57.571,1:33:03.010 And I think certainly in-- it's[br]actually a remarkable point 1:33:03.010,1:33:06.179 of convergence between the[br]United States and Europe 1:33:06.179,1:33:10.150 in the last couple years[br]both the White House 1:33:10.150,1:33:13.620 and the Federal Trade Commission[br]issued major privacy policy 1:33:13.620,1:33:16.857 statements that noted[br]the limitations of this 1:33:16.857,1:33:20.293 so called noticing choice or[br]individual determination model. 1:33:20.293,1:33:23.563 The European certainly have[br]pointed that out as well. 1:33:23.563,1:33:26.333 A lot of the things[br]that we value associated 1:33:26.333,1:33:27.968 with privacy are[br]collected values. 1:33:27.968,1:33:30.871 We want to make sure[br]people can associate freely, 1:33:30.871,1:33:33.874 can engage in politics,[br]can engage in commerce, 1:33:33.874,1:33:36.143 can seek medical[br]care, et cetera. 1:33:36.143,1:33:39.846 And I think that giving[br]people the choices to opt 1:33:39.846,1:33:42.749 out of those things or[br]somehow control their identity 1:33:42.749,1:33:45.852 when they are trying to[br]speak to their doctor or make 1:33:45.852,1:33:48.155 up public political[br]statement really seems 1:33:48.155,1:33:51.992 to be exactly the opposite of[br]some of our core privacy value. 1:33:51.992,1:33:55.295 So, I think that[br]there are situations 1:33:55.295,1:33:58.131 in which individual[br]autonomy is quite important 1:33:58.131,1:34:00.901 but a little bit also to the[br]last question about the NSA. 1:34:00.901,1:34:04.404 I don't think we get ourselves[br]out of these privacy problems 1:34:04.404,1:34:13.280 by just giving people, you[br]know, 20K long encryption keys 1:34:13.280,1:34:15.549 to wield against everyone else. 1:34:15.549,1:34:16.750 >> Laura? 1:34:16.750,1:34:20.887 >> That's a really[br]interesting question and I want 1:34:20.887,1:34:22.689 to tie it back to something 1:34:22.689,1:34:25.792 that I think Danny said[br]before about data will flow. 1:34:25.792,1:34:27.728 And, you know, while[br]I agree with that, 1:34:27.728,1:34:30.797 that's also not necessarily[br]the case. 1:34:30.797,1:34:34.034 We have interconnection disputes[br]that have resulted in outages, 1:34:34.034,1:34:36.136 we've had countries[br]that have cut off access 1:34:36.136,1:34:37.437 for their citizens. 1:34:37.437,1:34:39.806 We have areas of the world[br]that have infrastructures 1:34:39.806,1:34:41.374 of complete censorship. 1:34:41.374,1:34:44.411 We have digital divide[br]issues, we have trends away 1:34:44.411,1:34:47.380 from interoperability where[br]we're going in the cloud 1:34:47.380,1:34:50.250 to more proprietary[br]protocols for example. 1:34:50.250,1:34:53.420 So, it's-- so data will[br]not necessarily flow. 1:34:53.420,1:34:55.288 But one of the things[br]that is required for it 1:34:55.288,1:34:59.126 to flow is this issue of trust[br]that the questioner brought up. 1:34:59.126,1:35:03.830 So, I think I can mention just[br]a couple of areas or maybe three 1:35:03.830,1:35:05.165 that are very important. 1:35:05.165,1:35:09.002 So, the trust has always excited[br]between network providers 1:35:09.002,1:35:12.639 to exchange information about[br]IP addresses that are either 1:35:12.639,1:35:15.876 in their control or that they[br]can reach on the internet. 1:35:15.876,1:35:18.678 But we have seen[br]examples that's done 1:35:18.678,1:35:20.814 by through a boarder[br]gateway protocol. 1:35:20.814,1:35:22.182 There have been examples 1:35:22.182,1:35:25.452 where false routes have been[br]advertised whether intentionally 1:35:25.452,1:35:28.555 or not and outages[br]have occurred. 1:35:28.555,1:35:31.525 So, there is-- our effort[br]is underway now to secure 1:35:31.525,1:35:33.126 that which are very necessary. 1:35:33.126,1:35:35.295 So, we have to build[br]trust into the network. 1:35:35.295,1:35:37.230 It's not something that[br]we can just assume. 1:35:37.230,1:35:39.900 It has to be designed in,[br]it has to be build in. 1:35:39.900,1:35:42.903 The same thing with how the[br]domain name system works. 1:35:42.903,1:35:45.972 We have servers located around[br]the world that resolve queries 1:35:45.972,1:35:50.343 of domain names like maybe I'm[br]up here looking at cnn.com, 1:35:50.343,1:35:54.014 I'm not but the domain[br]name server would resolve 1:35:54.014,1:35:57.050 that into its IP address[br]and route the information. 1:35:57.050,1:35:59.986 Well, that can be gamed also 1:35:59.986,1:36:03.223 and that there can be a[br]false return of a query. 1:36:03.223,1:36:06.526 So, having things like domain[br]name system security extensions 1:36:06.526,1:36:08.762 has to be continued[br]to be implemented. 1:36:08.762,1:36:10.997 You know, these are just[br]a few of the examples, 1:36:10.997,1:36:14.968 an answer to the question[br]that it has to be designed in, 1:36:14.968,1:36:18.104 same thing with website[br]authentication. 1:36:18.104,1:36:21.908 If I'm saying that correctly the[br]role of certificate authorities 1:36:21.908,1:36:24.311 and how they verify[br]through a digital signatures 1:36:24.311,1:36:27.247 that a website is who[br]the website says it is. 1:36:27.247,1:36:29.950 So, again, this is an[br]example of the politics 1:36:29.950,1:36:32.319 of the architecture, it's[br]no just about agreements 1:36:32.319,1:36:35.255 between people but about[br]designing this trust 1:36:35.255,1:36:37.457 and identity into[br]the infrastructure. 1:36:37.457,1:36:39.726 >> I'm going to move on[br]to the next question just 1:36:39.726,1:36:43.663 because I want to get the[br]audience as much opportunity 1:36:43.663,1:36:47.234 as I can because the[br]panelists are going to be able 1:36:47.234,1:36:50.904 to circle back on this[br]later on over here. 1:36:50.904,1:36:53.440 >> So, I'm Luke Wadman [assumed[br]spelling], I'm a student working 1:36:53.440,1:36:55.475 as a policy analyst intern, 1:36:55.475,1:36:58.378 analysis intern for[br]IEEE this summer. 1:36:58.378,1:37:00.513 I'm working on internet[br]governance issues. 1:37:00.513,1:37:04.050 And does the panel[br]think there is any-- 1:37:04.050,1:37:10.056 would it be a good way to[br]frame the debate on privacy 1:37:10.056,1:37:13.426 and internet governance and[br]et cetera in economic terms 1:37:13.426,1:37:15.962 because if I've learned[br]anything in my time in DC it's 1:37:15.962,1:37:17.564 that catching the ear 1:37:17.564,1:37:20.200 of our congressional[br]representatives is easy 1:37:20.200,1:37:22.969 if you start talking about[br]jobs and job creation 1:37:22.969,1:37:27.207 and we've already talked a[br]little bit about the impact 1:37:27.207,1:37:31.878 of things like prism on US-based[br]IT companies like Google 1:37:31.878,1:37:34.381 and Facebook, particularly[br]in the EU 1:37:34.381,1:37:36.583 but also around the world. 1:37:36.583,1:37:39.819 One case is that Google isn't[br]really competitive in China 1:37:39.819,1:37:42.756 and that's probably going to[br]continue in that direction. 1:37:42.756,1:37:46.860 So, would that be a good way to[br]frame this whole conversation 1:37:46.860,1:37:48.395 and actually encourage some sort 1:37:48.395,1:37:52.265 of positive congressional[br]action? 1:37:53.600,1:37:56.703 >> So, I would never say[br]that I have any idea how 1:37:56.703,1:37:59.339 to encourage positive[br]congressional action. 1:37:59.339,1:38:02.375 I just want to put[br]that on the table. 1:38:02.375,1:38:03.944 I think it is true 1:38:03.944,1:38:07.514 that everything that's[br]happened this sort 1:38:07.514,1:38:13.753 of last six weeks inside this[br]sort of NSA bubble has happened 1:38:13.753,1:38:17.757 without any reference[br]as to what it might-- 1:38:17.757,1:38:22.562 the impact that it might[br]have on US industry. 1:38:22.562,1:38:25.532 And I think it is possible[br]that the impact at least 1:38:25.532,1:38:27.300 in the short run maybe severe. 1:38:27.300,1:38:30.370 On the other hand a[br]lot of people may carry 1:38:30.370,1:38:33.873 on about being unhappy[br]about discovering 1:38:33.873,1:38:37.811 that the NSA is sucking[br]up their data. 1:38:37.811,1:38:42.816 Historically, when[br]the big comp-- 1:38:42.816,1:38:45.685 if you look at the SOPA fight 1:38:45.685,1:38:47.554 which I think was[br]probably the first time 1:38:47.554,1:38:52.158 that US internet industry sort[br]of held hands with activists 1:38:52.158,1:38:56.329 and technologist, it does[br]get congresses attention. 1:38:56.329,1:39:00.066 I will say though that[br]National Security is different. 1:39:00.066,1:39:03.703 It is just always[br]different and the arc 1:39:03.703,1:39:08.575 of National Security has been[br]more, more, more since 9/11 1:39:08.575,1:39:13.813 and the question is whether[br]these revelations have sort 1:39:13.813,1:39:17.717 of pushed us beyond the[br]more and more place. 1:39:17.717,1:39:20.587 >> OK. Let's move over here. 1:39:20.587,1:39:24.457 >> Hi, I'm Susan Aaronson[br]with GW, I'm a professor here 1:39:24.457,1:39:26.559 and I work with the[br]Worldwide Web Foundation 1:39:26.559,1:39:28.428 on measuring internet openness. 1:39:28.428,1:39:32.032 And I want to ask you a[br]question that relates to trust, 1:39:32.032,1:39:34.034 the trust of policy makers. 1:39:34.034,1:39:38.271 So, in the last couple of[br]days we've seen [inaudible] 1:39:38.271,1:39:41.041 and Angle a Miracle [assumed[br]spelling] make these delightful 1:39:41.041,1:39:46.613 comments about sever locations[br]and threats in terms of privacy. 1:39:46.613,1:39:49.482 And again, I wonder[br]if there are-- 1:39:49.482,1:39:52.919 so, they're basically saying[br]if the server can't be located 1:39:52.919,1:39:58.525 where we can control, where our[br]privacy rules dominate we might 1:39:58.525,1:40:01.194 not accept for example some 1:40:01.194,1:40:02.395 of the things the[br]United States wants 1:40:02.395,1:40:04.230 in the trade agreement or-- 1:40:04.230,1:40:07.934 and we see similar things with[br]the Trans-Pacific Partnership 1:40:07.934,1:40:10.236 and I just wonder if you[br]could talk a little bit 1:40:10.236,1:40:11.571 about this now. 1:40:11.571,1:40:15.208 You know, you can always, for[br]national security reasons, 1:40:15.208,1:40:19.345 you can always say you have[br]a particular policy in place 1:40:19.345,1:40:21.181 and it's not protectionist. 1:40:21.181,1:40:23.349 But this is opposite[br]of that, right? 1:40:23.349,1:40:25.518 They're saying that[br]for privacy reasons, 1:40:25.518,1:40:31.458 they want to essentially[br]protect their citizens 1:40:31.458,1:40:33.426 from their information[br]being traded 1:40:33.426,1:40:36.696 by having the server[br]location in the United Stated. 1:40:36.696,1:40:40.600 If I may add one other[br]thing which is Frank La Rue, 1:40:40.600,1:40:44.637 who works for the-- who is[br]the UN Special Representative 1:40:44.637,1:40:48.174 on Freedom of Expression,[br]he has said basically 1:40:48.174,1:40:51.377 that the US' failure to protect[br]the privacy is a violation 1:40:51.377,1:40:53.146 of its human rights' obligation 1:40:53.146,1:40:55.148 because that is a[br]basic human right 1:40:55.148,1:40:57.750 under the Universal[br]Declaration, blah, blah, blah. 1:40:57.750,1:41:03.990 So I want to hear your comments. 1:41:03.990,1:41:05.225 >> Sure. I'll do this. 1:41:05.225,1:41:06.960 Pull it out there. 1:41:06.960,1:41:09.395 I'll-- the Trans-Pacific[br]Partnership 1:41:09.395,1:41:18.471 and the US Free Trade Agreement[br]is and always will have had 1:41:20.540,1:41:24.911 to address the data[br]privacy laws. 1:41:24.911,1:41:27.113 The Safe Harbor that[br]we had in place 1:41:27.113,1:41:31.918 in 2001 will actually[br]expire with the agreement. 1:41:31.918,1:41:35.488 And the United States, as you[br]know, has no national umbrella 1:41:35.488,1:41:37.357 for data breach and[br]data privacy. 1:41:37.357,1:41:41.494 We have 47 individual states[br]with their individual programs 1:41:41.494,1:41:43.263 and no national umbrella. 1:41:43.263,1:41:46.099 And so, if we're recalling[br]for congressional action 1:41:46.099,1:41:50.336 that had an economic, you[br]know, significant impact, 1:41:50.336,1:41:54.374 there are 52 pieces of[br]legislation currently 1:41:54.374,1:41:57.777 in 113th Congress[br]around cyber security, 1:41:57.777,1:41:59.646 about 10 of which[br]around data breach. 1:41:59.646,1:42:01.181 It would be wonderful[br]if we could get 1:42:01.181,1:42:03.716 to some bipartisan[br]agreement on that 1:42:03.716,1:42:07.787 so we could enable the[br]overall Free Trade Agreement 1:42:07.787,1:42:11.257 to move forward between[br]the two continents. 1:42:11.257,1:42:16.162 More specifically though, noting[br]the 47 different state laws 1:42:16.162,1:42:19.799 and noting the difference[br]between the Europe 1:42:19.799,1:42:23.836 and the United States,[br]cloud computing 1:42:23.836,1:42:27.574 and where the data is[br]stored follows the geography 1:42:27.574,1:42:29.976 and will always follow[br]the geography. 1:42:29.976,1:42:32.545 So if there's a data breach[br]here in the state of Virginia, 1:42:32.545,1:42:34.480 it follows a different[br]set of rules 1:42:34.480,1:42:37.550 than Massachusetts[br]and in California. 1:42:37.550,1:42:40.853 And a company, whoever the[br]company might be, actually has 1:42:40.853,1:42:44.324 to know all sets of laws[br]for that particular state 1:42:44.324,1:42:48.361 in this case in order to follow[br]the regulatory compliance, 1:42:48.361,1:42:49.429 et cetera. 1:42:49.429,1:42:51.798 That also is the same[br]for if it's stored 1:42:51.798,1:42:53.132 in the United Kingdom, 1:42:53.132,1:42:55.535 it follows the United Kingdom's[br]laws, and the Netherlands, 1:42:55.535,1:42:58.004 and Brazil, and you[br]pick the place. 1:42:58.004,1:43:04.711 And so when the EU and[br]the leaders of Germany 1:43:04.711,1:43:07.480 and elsewhere are talking[br]about the data protection 1:43:07.480,1:43:12.252 and data privacy, and they are[br]looking at the United States 1:43:12.252,1:43:15.221 and worried about how our data-- 1:43:15.221,1:43:18.258 we're protecting[br]data and the privacy, 1:43:18.258,1:43:21.761 then it would be also important[br]understand how the European 1:43:21.761,1:43:26.933 companies are mirroring data[br]in other countries like Brazil 1:43:26.933,1:43:30.937 or South Africa or[br]Egypt or China or India, 1:43:30.937,1:43:34.040 et cetera because the data[br]always follows the law 1:43:34.040,1:43:39.112 of the geography[br]that it sits in. 1:43:39.112,1:43:42.181 >> I'll just add to that[br]that one of the things to-- 1:43:42.181,1:43:46.886 I mean, obviously, the[br]NSA revelations have sort 1:43:46.886,1:43:50.156 of strengthened the EU's[br]hand in a discussion 1:43:50.156,1:43:52.458 that was going long before. 1:43:52.458,1:43:56.963 We have a particular view[br]of what privacy means. 1:43:56.963,1:44:02.101 It doesn't match up, going back[br]to this question earlier about, 1:44:02.101,1:44:06.973 you know, what economic kind of[br]motivation might move Congress. 1:44:06.973,1:44:10.376 One would think the US[br]companies would move forward 1:44:10.376,1:44:12.945 on a comprehensive[br]data protection regime 1:44:12.945,1:44:16.215 in the United States that[br]might be more flexible 1:44:16.215,1:44:20.553 and perhaps reflect the internet[br]more than the European one, 1:44:20.553,1:44:23.323 but I haven't seen them[br]step forward on that. 1:44:23.323,1:44:26.726 I think it would be interesting[br]for somebody to ask the question 1:44:26.726,1:44:30.863 about the various EU countries[br]in their surveillance regimes 1:44:30.863,1:44:33.733 because as much as I say[br]some very unpleasant things 1:44:33.733,1:44:37.136 about ours, I think you[br]would find that it-- 1:44:37.136,1:44:39.405 with the exception[br]of our capacity 1:44:39.405,1:44:43.810 for the just incredible[br]scale of collection, 1:44:43.810,1:44:47.914 that the actual legal[br]protections are no better 1:44:47.914,1:44:50.583 at best and probably[br]a lot worse. 1:44:50.583,1:44:56.089 >> Just one comment on[br]the trade discussions. 1:44:56.089,1:44:58.091 Suzanne, I think[br]it's a very good, 1:44:58.091,1:45:00.593 it's a very important question. 1:45:00.593,1:45:04.564 I certainly think that,[br]you know, as you well know, 1:45:04.564,1:45:07.867 better than probably anyone[br]in this room, you know, 1:45:07.867,1:45:10.970 trade agreements have always[br]made exceptions for things 1:45:10.970,1:45:14.407 like national security,[br]public morals, 1:45:14.407,1:45:16.676 sometimes consumer[br]protections, things like that. 1:45:16.676,1:45:21.080 I think what we see now is[br]that simply pushing them off, 1:45:21.080,1:45:24.083 those issues off into the[br]exception category is not going 1:45:24.083,1:45:28.121 to work so we need[br]some kind of mechanism 1:45:28.121,1:45:30.323 that on the one hand[br]respects the fact 1:45:30.323,1:45:32.425 that governments do[br]have a legitimate 1:45:32.425,1:45:35.128 and important interest in[br]protecting their citizens 1:45:35.128,1:45:39.632 against unsafe products,[br]against human rights violations 1:45:39.632,1:45:42.235 if that's the way they do[br]privacy, against, you know, 1:45:42.235,1:45:44.604 security breaches,[br]what have you. 1:45:44.604,1:45:51.477 But tying that to the[br]location of data is, I think, 1:45:51.477,1:45:56.716 just an overly simplistic way[br]of accomplishing that purpose, 1:45:56.716,1:46:00.353 and I think, you know,[br]you can make fancy-- 1:46:00.353,1:46:04.323 well, you can make fancy trade[br]arguments about why that's not, 1:46:04.323,1:46:07.727 you know, most favored[br]nation treatment. 1:46:07.727,1:46:13.065 But I think the bottom line is,[br]we used to have trade agreements 1:46:13.065,1:46:15.802 that were fundamentally about[br]tariffs and we've mostly dealt 1:46:15.802,1:46:18.204 with those issues, and now we[br]are going to trade agreements 1:46:18.204,1:46:21.507 that are fundamentally about[br]the non-tariff barriers 1:46:21.507,1:46:23.776 that exist between economies. 1:46:23.776,1:46:27.046 So we're going to have[br]to deal with that either. 1:46:27.046,1:46:30.883 I think that in the, you[br]know-- for some period of time, 1:46:30.883,1:46:35.388 I think the surveillance issues[br]will cloud those discussions 1:46:35.388,1:46:37.990 but we'll come back[br]to them at some point 1:46:37.990,1:46:40.827 and they will be[br]the same issues. 1:46:40.827,1:46:43.763 So-- and I-- the only thing I-- 1:46:43.763,1:46:49.802 the only final thing I[br]would say, I think that one 1:46:49.802,1:46:51.204 of the big challenges[br]we're going to have 1:46:51.204,1:46:54.907 in the trade context on[br]internet issues is the challenge 1:46:54.907,1:47:00.146 that we found with ACTA,[br]that the ACTA was making-- 1:47:00.146,1:47:02.448 [Inaudible Remark] Sorry, oh,[br]sorry, oh God, Steve is going 1:47:02.448,1:47:04.150 to throw that look at me. 1:47:04.150,1:47:10.523 So there was a trade agreement[br]involving intellectual property 1:47:10.523,1:47:17.163 enforcement whose[br]acronym is ACTA 1:47:17.163,1:47:22.268 and was very strenuously opposed[br]by civil society groups all 1:47:22.268,1:47:24.470 over the world because they[br]didn't know what it was, 1:47:24.470,1:47:26.539 they didn't know what was in[br]the agreement and they argued, 1:47:26.539,1:47:28.608 I think-- I thought,[br]quite legitimately 1:47:28.608,1:47:31.010 that if there are[br]going to be rules made 1:47:31.010,1:47:34.113 about intellectual property[br]rights that affect individuals, 1:47:34.113,1:47:36.182 there should be some[br]public discussion 1:47:36.182,1:47:37.783 of what those rules are. 1:47:37.783,1:47:42.121 Trade people believe they[br]somehow can't negotiate 1:47:42.121,1:47:43.489 in public. 1:47:43.489,1:47:46.125 And that's a sort of an article[br]of faith in the trade world. 1:47:46.125,1:47:50.329 They're going to have to learn[br]to be a little bit more public 1:47:50.329,1:47:53.466 if they're going to get anything[br]done on these issues is my deal. 1:47:53.466,1:47:55.401 >> Lynn, you got the last[br]word before the break. 1:47:55.401,1:47:56.802 >> Just quickly. 1:47:56.802,1:47:58.104 Not only-- it wasn't that they[br]wouldn't negotiate in public, 1:47:58.104,1:47:59.639 they would not authorize[br]a release 1:47:59.639,1:48:02.141 of the documents[br]post-negotiation. 1:48:02.141,1:48:04.243 They were not available[br]publicly. 1:48:04.243,1:48:06.846 >> So this sounds[br]like a thread going-- 1:48:06.846,1:48:11.918 circling back to NSA and FISA[br]and all that, but I am sorry 1:48:11.918,1:48:15.488 that we have hit the point[br]where we promised we were going 1:48:15.488,1:48:18.291 to take a very brief five-minute[br]break that you're going 1:48:18.291,1:48:20.693 to have a chance to stretch[br]your legs, then we're going 1:48:20.693,1:48:26.699 to come back and people on the[br]panel will mix it up some more, 1:48:26.699,1:48:30.736 even better I suspect,[br]moderated by Steve Roberts. 1:48:30.736,1:48:33.239 But let's take a quick[br]five-minute break. 1:48:33.239,1:48:36.475 There will be one other[br]opportunity for you all to meet 1:48:36.475,1:48:38.744 and greet at least[br]most of the panelists 1:48:38.744,1:48:42.882 and there's a reception that[br]starts at 5:15 afterwards. 1:48:42.882,1:48:45.551 But for now, five-minute break,[br]we'll convene at 4 o'clock. 1:48:45.551,1:48:47.486 Thank you very much. 1:48:47.486,1:48:53.960 [ Inaudible Discussions ] 1:48:53.960,1:48:55.294 Well, thanks for[br]sticking around. 1:48:55.294,1:48:56.829 I know it's been[br]a long afternoon. 1:48:56.829,1:48:59.932 As Lance said, I'm[br]Steve Roberts. 1:48:59.932,1:49:02.335 I'm a professor here at[br]GW in the School of Media 1:49:02.335,1:49:04.570 and Public Affairs,[br]right across the street. 1:49:04.570,1:49:08.841 And my job is to try to[br]crystallize some of the issues 1:49:08.841,1:49:11.644 that we've been discussing 1:49:11.644,1:49:14.447 and [inaudible] some[br]conversation among 1:49:14.447,1:49:15.815 the panelists. 1:49:15.815,1:49:19.919 And I want to start by quoting[br]a couple of things I heard. 1:49:19.919,1:49:22.455 Lynn, for instance, said that 1:49:22.455,1:49:25.157 "unwanted surveillance[br]is not acceptable." 1:49:25.157,1:49:29.528 Leslie talked a lot[br]about human rights. 1:49:29.528,1:49:32.398 But there was a phrase 1:49:32.398,1:49:36.068 that I did not hear the entire[br]first hour and a half except 1:49:36.068,1:49:39.839 in passing, and that word[br]was "national security." 1:49:39.839,1:49:44.877 And so I want to pose this[br]question to the panel. 1:49:44.877,1:49:48.014 Isn't national security[br]a human right? 1:49:48.014,1:49:50.383 Isn't safety a human right? 1:49:50.383,1:49:57.123 Isn't the unwanted surveillance, 1:49:57.123,1:50:01.360 one person's unwanted[br]surveillance is another person's 1:50:01.360,1:50:06.432 protection from danger[br]and from terrorism? 1:50:06.432,1:50:10.703 So, I want to ask everybody,[br]what's the tradeoff here? 1:50:10.703,1:50:16.776 The whole idea in the first half[br]of this panel was the importance 1:50:16.776,1:50:20.146 of the freedoms in the internet. 1:50:20.146,1:50:21.480 But what are the limits, 1:50:21.480,1:50:23.916 and what are the[br]legitimate tradeoffs, 1:50:23.916,1:50:27.453 and how do we balance[br]legitimate human rights 1:50:27.453,1:50:29.922 against legitimate[br]rights to be safe 1:50:29.922,1:50:31.824 from terrorism and[br]other threats? 1:50:31.824,1:50:34.360 Who wants to start? 1:50:34.360,1:50:36.896 Go ahead, John. 1:50:36.896,1:50:42.435 >> So I'm going to almost answer[br]the question, but not quite. 1:50:42.435,1:50:50.543 It is true that the[br]governments have certain roles 1:50:50.543,1:50:51.911 and responsibilities. 1:50:51.911,1:50:56.916 And one of those roles is[br]there's a certain protection, 1:50:56.916,1:50:59.251 a certain defensive role 1:50:59.251,1:51:02.021 that a government feels[br]it has to provide. 1:51:02.021,1:51:06.559 And the question is how do[br]governments do what they see 1:51:06.559,1:51:09.128 as their obligations, 1:51:09.128,1:51:12.832 their actual responsibilities[br]given the internet. 1:51:12.832,1:51:16.268 The internet has not been[br]very good at this, OK? 1:51:16.268,1:51:16.969 So, -- 1:51:16.969,1:51:18.204 >> Would you excuse me. 1:51:18.204,1:51:21.006 It's not just an obligation,[br]it's not just something 1:51:21.006,1:51:24.877 that they passing, this[br]is the first obligation 1:51:24.877,1:51:26.579 of government, is to protect-- 1:51:26.579,1:51:27.146 >> Right. 1:51:27.146,1:51:27.980 >> -- people. 1:51:27.980,1:51:29.348 Isn't it the first obligation? 1:51:29.348,1:51:31.383 >> Ideal. One of the things that[br][inaudible] does, of course, 1:51:31.383,1:51:33.686 is we're responsible for[br]maintaining a registry 1:51:33.686,1:51:36.122 of IP addresses and that[br]registry is often used 1:51:36.122,1:51:39.525 because someone does[br]something in cyberspace 1:51:39.525,1:51:41.260 and the first thing[br]law enforcement would 1:51:41.260,1:51:44.263 like to know is, where is[br]that in the real world? 1:51:44.263,1:51:46.799 Because real world has the[br]people in organizations 1:51:46.799,1:51:48.534 and the cyberspace has to do 1:51:48.534,1:51:50.302 with domain names[br]and IP addresses. 1:51:50.302,1:51:53.305 And so, governments[br]feel they have 1:51:53.305,1:51:54.907 to enforce laws for example. 1:51:54.907,1:51:57.810 And yet the internet wasn't[br]built with an interface 1:51:57.810,1:52:01.380 for government is saying, "If[br]you're trying to do your duty, 1:52:01.380,1:52:04.383 here's how you go about[br]finding that person. 1:52:04.383,1:52:07.720 Here's how you go about doing[br]what you see as an obligation." 1:52:07.720,1:52:10.723 So, I know a lot of[br]people look at this 1:52:10.723,1:52:15.060 and they go this entire area of[br]governments and what they want 1:52:15.060,1:52:17.763 to do with the internet and[br]they want to take control 1:52:17.763,1:52:20.299 and they want to[br]do surveillance. 1:52:20.299,1:52:22.802 If you turn it around[br]and look at it, 1:52:22.802,1:52:25.004 remember that from the[br]government's perspective, 1:52:25.004,1:52:28.407 in many cases, these governments[br]feel they have an obligation 1:52:28.407,1:52:31.710 and the internet is[br]actively preventing them 1:52:31.710,1:52:33.579 from doing something[br]they're required 1:52:33.579,1:52:35.047 by their citizens to do. 1:52:35.047,1:52:38.350 So, we need to not omit the fact 1:52:38.350,1:52:42.521 that the internet doesn't[br]provide a friendly interface 1:52:42.521,1:52:43.856 to government. 1:52:43.856,1:52:47.226 So, me people would see that[br]as a feature but it's a fact 1:52:47.226,1:52:49.328 that shouldn't be[br]overlooked in the discussion. 1:52:49.328,1:52:50.062 >> Tradeoff. 1:52:50.062,1:52:51.230 What's the tradeoff? 1:52:51.230,1:52:52.198 Leslie? 1:52:52.198,1:52:54.500 >> So, I want to back this up. 1:52:54.500,1:52:56.869 This is not a new question[br]and it doesn't have 1:52:56.869,1:52:58.137 to do with the internet. 1:52:58.137,1:52:59.672 I mean, we have a-- 1:52:59.672,1:53:04.210 an international[br]human rights framework 1:53:04.210,1:53:08.514 that explicitly makes national[br]security an exception for-- 1:53:08.514,1:53:13.219 exception for-- in[br]human rights treaties. 1:53:13.219,1:53:16.589 It is an obligation of[br]the countries themselves 1:53:16.589,1:53:18.524 to protect our national[br]security. 1:53:18.524,1:53:21.493 But we also have an entire[br]developed jurisprudence 1:53:21.493,1:53:25.631 about publicly enacted[br]transparent law, 1:53:25.631,1:53:30.436 proportionate law, fair[br]process, remedy and oversight. 1:53:30.436,1:53:33.906 And, you know, I think[br]we just throw this 1:53:33.906,1:53:37.009 into the internet context, we're[br]just missing, there's a bit-- 1:53:37.009,1:53:41.413 you know, there's a basic--[br]there's bodies of law and norms. 1:53:41.413,1:53:45.017 And the question here is not[br]whether there's a tradeoff, 1:53:45.017,1:53:46.685 it's whether you[br]reach a balance. 1:53:46.685,1:53:52.191 And I think when you have[br]most of this process secret, 1:53:52.191,1:53:55.794 the judicial process[br]secret, the oversight secret, 1:53:55.794,1:53:58.631 the interpretation[br]of the law secret, 1:53:58.631,1:54:01.200 then you cannot achieve[br]that balance. 1:54:01.200,1:54:03.269 The question at the[br]end of day is balance. 1:54:03.269,1:54:05.471 I certainly would take[br]issue with the idea 1:54:05.471,1:54:09.375 that the internet has been[br]unfriendly to law enforcement 1:54:09.375,1:54:11.610 and it's always this, you[br]know, we're going dark 1:54:11.610,1:54:13.012 and we can't see anything. 1:54:13.012,1:54:16.715 I think if we learned anything[br]over the last couple of months, 1:54:16.715,1:54:20.419 it's that law enforcement[br]really has access 1:54:20.419,1:54:22.021 to much more information 1:54:22.021,1:54:24.790 and that there is[br]therefore a temptation 1:54:24.790,1:54:27.726 to use what technology[br]has created 1:54:27.726,1:54:32.631 to go beyond what a balanced[br]human rights frame would allow. 1:54:32.631,1:54:34.199 And I think that's[br]what our problem is, 1:54:34.199,1:54:35.534 not that they're not[br]supposed to be [inaudible]. 1:54:35.534,1:54:38.137 It is a first order of[br]business for government. 1:54:38.137,1:54:40.906 They are supposed to[br]protect their citizens. 1:54:40.906,1:54:44.977 But Steve, if you look at this[br]framework that's been created, 1:54:44.977,1:54:49.248 it was framework that was[br]created on a battlefield in Iraq 1:54:49.248,1:54:55.220 to make sure that you had every[br]less possible bid of information 1:54:55.220,1:54:58.557 to make sure you would[br]know about the IED. 1:54:58.557,1:55:03.362 And this whole haystack[br]and needle analogy assumes 1:55:03.362,1:55:06.532 that collecting a[br]haystack is proportionate, 1:55:06.532,1:55:08.167 and I don't think it is. 1:55:08.167,1:55:11.303 >> But the President[br]has said this program 1:55:11.303,1:55:13.305 of surveillance is[br]essential, the Director 1:55:13.305,1:55:16.709 of national security said that[br]it's essential, the Chairman 1:55:16.709,1:55:18.777 of the Senate Intelligence[br]Committee, 1:55:18.777,1:55:20.846 a liberal former mayor 1:55:20.846,1:55:23.649 of San Francisco had[br]said it's essential, 1:55:23.649,1:55:25.951 what's your quarrel with this? 1:55:25.951,1:55:29.121 And how do you rebut their[br]argument of everybody 1:55:29.121,1:55:33.359 who has had access to the[br]secret, say this is justifiable. 1:55:33.359,1:55:38.497 I'd like other people[br]to deal with this. 1:55:38.497,1:55:39.298 >> Please. 1:55:39.298,1:55:40.065 >> Yeah. [Multiple Speakers] 1:55:40.065,1:55:45.204 >> OK. So, it's-- there's 1:55:45.204,1:55:48.407 so many portrayals[br]of this as a binary. 1:55:48.407,1:55:50.976 And, you know, I think[br]the issue is more one 1:55:50.976,1:55:53.445 of degrees [phonetic] and[br]a more granular issue. 1:55:53.445,1:55:55.180 But there are some[br]binaries here, right? 1:55:55.180,1:55:57.616 We either have a[br]constitution or we don't. 1:55:57.616,1:55:59.918 We either have a fourth[br]amendment or we don't. 1:55:59.918,1:56:02.121 But if you start looking[br]at the actual practices 1:56:02.121,1:56:05.057 and I don't think we have a full[br]picture of exactly what's going 1:56:05.057,1:56:08.193 on but based on some of the[br]things that we've heard, 1:56:08.193,1:56:12.197 there are ways to enact the[br]necessary national security 1:56:12.197,1:56:16.568 without crossing the lines[br]that would be unacceptable 1:56:16.568,1:56:17.936 to the majority of the people. 1:56:17.936,1:56:21.507 So, having low level-- so[br]layers of control and layers 1:56:21.507,1:56:24.610 of accountability in the[br]processes of surveillance, 1:56:24.610,1:56:27.312 right, so not just having any[br]low level analyst being able 1:56:27.312,1:56:30.349 to take a fire hose of[br]information and download 1:56:30.349,1:56:33.485 that unto their computer just[br]to exaggerate the point, right? 1:56:33.485,1:56:35.487 So, there's the granularity, 1:56:35.487,1:56:37.423 there's getting the[br]information that's necessary, 1:56:37.423,1:56:38.891 there's the process[br]of accountability, 1:56:38.891,1:56:40.459 there's the issue[br]of judicial review. 1:56:40.459,1:56:42.294 So, I think that there are ways 1:56:42.294,1:56:45.330 to enact the necessary[br]national security now 1:56:45.330,1:56:47.866 that our public's[br]fear is online and now 1:56:47.866,1:56:50.903 that we have the privatization[br]of that public's fear 1:56:50.903,1:56:53.238 without going to the extremes 1:56:53.238,1:56:56.075 of basically having[br]the fire hose analogy 1:56:56.075,1:56:59.578 and just downloading[br]whatever data about anybody. 1:56:59.578,1:57:01.914 >> Anybody else on the panel[br]who want to pick on this? 1:57:01.914,1:57:03.816 Please, go ahead. 1:57:03.816,1:57:07.486 >> So, you want us to talk about[br]tradeoffs but I actually want 1:57:07.486,1:57:11.690 to suggest that I think a more[br]accountable clear system is 1:57:11.690,1:57:13.058 better for national security. 1:57:13.058,1:57:16.228 I think what's happening[br]now where you have very, 1:57:16.228,1:57:20.766 very broad authorities that[br]are unclear is almost the worst 1:57:20.766,1:57:23.869 of all possible worlds[br]for both civil liberties 1:57:23.869,1:57:27.439 and national security[br]because you have-- 1:57:27.439,1:57:31.777 you have policy officials,[br]other governments, activists, 1:57:31.777,1:57:34.046 et cetera, poking[br]around in the business 1:57:34.046,1:57:36.849 of the intelligence community,[br]and that's not a very good thing 1:57:36.849,1:57:40.052 for them frankly, they want[br]to able to do what they do 1:57:40.052,1:57:45.791 of quietly and-- but in[br]order for us to do that, 1:57:45.791,1:57:49.962 in order for that to happen,[br]there has to be a clear sense 1:57:49.962,1:57:51.163 of what the rules are. 1:57:51.163,1:57:53.232 One sense I which-- I[br]largely agree with Leslie 1:57:53.232,1:57:55.400 but the one sense in which[br]I think this is an internet 1:57:55.400,1:57:58.704 problem is it's really[br]kind of a 9/11 problem, 1:57:58.704,1:58:00.472 and then I think a lot of[br]what's going on is going 1:58:00.472,1:58:06.044 on under the kind of exceptional[br]basis that we've handled a lot 1:58:06.044,1:58:08.981 of national security[br]issues post 9/11. 1:58:08.981,1:58:13.152 And to quote the President[br]again, ironically enough, 1:58:13.152,1:58:16.922 just a few weeks before this[br]whole surveillance story broke, 1:58:16.922,1:58:19.291 the President went to the[br]National Defense Universities, 1:58:19.291,1:58:24.263 you know, and gave a[br]speech saying, number one, 1:58:24.263,1:58:28.100 it is bad for a country[br]to be perpetually at war, 1:58:28.100,1:58:29.801 and number two, that[br]the threat level 1:58:29.801,1:58:35.440 from Al Qaeda was basically[br]below the level that it was 1:58:35.440,1:58:38.277 at 9/11, and that we should-- 1:58:38.277,1:58:41.313 and that we should start[br]treating that threat, 1:58:41.313,1:58:45.250 that national security threat[br]as part of the norm not 1:58:45.250,1:58:47.152 as an exception that[br]we have to respond 1:58:47.152,1:58:50.455 to with these kinds[br]of exceptions. 1:58:50.455,1:58:52.958 This whole surveillance[br]program was created 1:58:52.958,1:58:54.960 as the President's[br]surveillance programs, you know, 1:58:54.960,1:58:57.162 as an exception, and[br]that's its problem. 1:58:57.162,1:58:58.297 If the problem is not-- 1:58:58.297,1:58:59.998 >> Although continued by[br]a democratic president-- 1:58:59.998,1:59:04.870 >> Yes, that will-- that's[br]right but I think that it needs 1:59:04.870,1:59:10.175 to be continued on a more[br]clear accountable basis. 1:59:10.175,1:59:14.913 And so I don't tend to accept[br]that the issue gets solved 1:59:14.913,1:59:17.282 by saying more surveillance,[br]less surveillance. 1:59:17.282,1:59:19.851 I think that the issue[br]is surveillance according 1:59:19.851,1:59:21.887 to what rules and with[br]what accountability. 1:59:21.887,1:59:25.057 >> Lynn I quoted [phonetic][br]you-- please, your turn. 1:59:25.057,1:59:26.325 >> Yeah. I mean, I'll come[br]to my point [inaudible] 1:59:26.325,1:59:29.561 but just [inaudible] said[br]unwarranted surveillance. 1:59:29.561,1:59:32.364 I recognize the difficulty[br]in unwanted thief 1:59:32.364,1:59:34.766 in the perspective[br]of the individual. 1:59:34.766,1:59:37.436 So, it's very much[br]an unwarranted. 1:59:37.436,1:59:38.403 >> Thank you. 1:59:38.403,1:59:39.171 >> But-- And I just[br]really wanted 1:59:39.171,1:59:40.372 to echo the three comments 1:59:40.372,1:59:42.841 that have been made here[br]very, very, very strongly. 1:59:42.841,1:59:45.010 When-- In a system[br]like the internet 1:59:45.010,1:59:47.913 which is breaking all barriers[br]where we're so interconnected 1:59:47.913,1:59:51.116 and so interdependent, we[br]have to change our paradigm 1:59:51.116,1:59:53.885 of looking at this and move[br]it to one of managing risk. 1:59:53.885,1:59:57.322 We can talk about in the context[br]of tradeoffs if you like. 1:59:57.322,1:59:59.725 But we really do[br]have to look at-- 1:59:59.725,2:00:02.327 >> Wasn't that the only context? 2:00:02.327,2:00:06.265 Or isn't tradeoff is the only[br]legitimate way to talk about it? 2:00:06.265,2:00:09.034 Because we-- isn't that[br]what we do everyday? 2:00:09.034,2:00:11.136 >> I think tradeoff[br]is legitimate way 2:00:11.136,2:00:13.138 but I'm not sure we're[br]making the right tradeoffs 2:00:13.138,2:00:15.874 and I think we continue to[br]focus on national security 2:00:15.874,2:00:20.145 and quite often run[br]by flagrant abuses 2:00:20.145,2:00:23.582 than we're conflating the issue[br]or we're not pulling it apart. 2:00:23.582,2:00:26.251 It's not about national security[br]and what is the best way 2:00:26.251,2:00:28.820 to protect national security. 2:00:28.820,2:00:30.222 From my perspective, you know, 2:00:30.222,2:00:32.057 what our members[br]are actually upset 2:00:32.057,2:00:35.494 about is the flagrant[br]abuses and the lack 2:00:35.494,2:00:37.229 of transparency and the secrecy. 2:00:37.229,2:00:38.363 >> Yes, please. 2:00:38.363,2:00:42.267 >> And I think part of[br]the problem that I have 2:00:42.267,2:00:43.869 with hearing what they've said 2:00:43.869,2:00:45.971 for giving the reasons is[br]we haven't heard the reason 2:00:45.971,2:00:47.339 that makes sense. 2:00:47.339,2:00:50.042 It's-- why are you[br]collecting the data, 2:00:50.042,2:00:52.477 it's like the equivalent[br]of your mom 2:00:52.477,2:00:55.347 and dad saying well,[br]because I said so. 2:00:55.347,2:00:58.450 You have to give it something[br]behind that, you know, to-- 2:00:58.450,2:01:01.953 is there a credible threat[br]at whatever level there is. 2:01:01.953,2:01:03.322 I think Danny is right. 2:01:03.322,2:01:06.725 I think the threat level from[br]what we've read in previous, 2:01:06.725,2:01:08.860 you know, speeches[br]by the President is 2:01:08.860,2:01:11.296 that the threat level is a[br]lot less than it was at 9/11. 2:01:11.296,2:01:13.098 Well, if it's a lot less[br]than it wasn't 9/11, 2:01:13.098,2:01:15.233 why do we need to expand this? 2:01:15.233,2:01:17.969 Give us something to look at. 2:01:17.969,2:01:21.373 But I think when I hear[br]them talk about these things 2:01:21.373,2:01:25.210 and give these reasons as[br]somebody who does this type 2:01:25.210,2:01:28.080 of metadata analysis[br]and, you know, 2:01:28.080,2:01:30.148 just as for my own[br]infrastructure was certainly 2:01:30.148,2:01:32.818 in my own infrastructure I[br]can do a lot of that analysis. 2:01:32.818,2:01:35.020 But there's an uplink to me. 2:01:35.020,2:01:37.556 And those people that[br]control that infrastructure, 2:01:37.556,2:01:39.324 my infrastructure,[br]your infrastructure, 2:01:39.324,2:01:41.259 they can do the same[br]type of analysis 2:01:41.259,2:01:43.028 and it trees all the way up. 2:01:43.028,2:01:45.664 It's-- So, why? 2:01:45.664,2:01:48.300 You have to give us[br]a credible reason. 2:01:48.300,2:01:50.469 >> But was running through a lot 2:01:50.469,2:01:53.705 of your comments is a basic[br]mistrust of government. 2:01:53.705,2:01:55.140 I mean you've been told-- 2:01:55.140,2:01:59.678 public has been told by[br]the Intelligence committees 2:01:59.678,2:02:03.448 which have in brief that this[br]is a very valuable tool PRISM 2:02:03.448,2:02:06.051 and other surveillance are[br]very valuable to the President. 2:02:06.051,2:02:09.020 Duly elected democratic liberal[br]president had said it's a very 2:02:09.020,2:02:10.856 valuable tool, the[br]liberal chairman 2:02:10.856,2:02:12.891 of the Senate Intelligence[br]Committee has said it's a very 2:02:12.891,2:02:15.660 valuable tool and everyone[br]of you is doubting it. 2:02:15.660,2:02:20.932 So, what is the source of your[br]suspicions and your mistrust 2:02:20.932,2:02:22.434 of what you're being told? 2:02:22.434,2:02:24.703 >> So, I actually[br]don't, you know, when-- 2:02:24.703,2:02:27.539 there's no way for us to[br]know if it's a valuable tool 2:02:27.539,2:02:28.940 or not a valuable tool. 2:02:28.940,2:02:32.611 So, you could take them at face[br]value that it's a valuable tool. 2:02:32.611,2:02:35.447 Collection of data[br]is a valuable thing. 2:02:35.447,2:02:39.418 It's just not the only analysis[br]in a democratic society. 2:02:39.418,2:02:41.319 And I think-- so, I mean, I-- 2:02:41.319,2:02:44.156 and that's I think[br]the problem here, 2:02:44.156,2:02:48.427 we live in a democratic[br]society where we're supposed 2:02:48.427,2:02:52.230 to have proportional laws[br]that more than a small number 2:02:52.230,2:02:56.101 of people are able to know[br]about to assess that balance 2:02:56.101,2:02:58.203 between liberty and security. 2:02:58.203,2:03:00.071 We really don't have that. 2:03:00.071,2:03:03.008 I mean, if this was a discussion 2:03:03.008,2:03:07.312 that they were tasking[br]these companies 2:03:07.312,2:03:11.583 with specific request[br]based on articulable facts 2:03:11.583,2:03:13.418 about specific individuals 2:03:13.418,2:03:15.954 or even several hundred[br]individuals, 2:03:15.954,2:03:19.057 we might be having a different[br]discussion about the balance 2:03:19.057,2:03:21.326 between liberty and security. 2:03:21.326,2:03:23.695 But we're having a[br]discussion about the value 2:03:23.695,2:03:26.431 of basically collecting[br]the data potentially 2:03:26.431,2:03:27.566 on everybody in the world. 2:03:27.566,2:03:29.968 I mean, we don't know the set. 2:03:29.968,2:03:33.004 So, it's not about trust[br]of government or not. 2:03:33.004,2:03:36.174 You know, I think you could[br]probably come, you know, 2:03:36.174,2:03:39.344 device a program where you[br]know everything about everybody 2:03:39.344,2:03:41.947 in the world and claim[br]it makes you safer, 2:03:41.947,2:03:43.648 maybe it makes you safer. 2:03:43.648,2:03:48.019 But we no longer are[br]following either the values, 2:03:48.019,2:03:50.355 the constitution[br]or the norms of it. 2:03:50.355,2:03:52.324 >> Well, we see you're not[br]following the constitution. 2:03:52.324,2:03:56.461 These laws were passed by[br]democratically-elected Congress. 2:03:56.461,2:03:57.929 >> Well, having been there. 2:03:57.929,2:03:58.497 Yeah. 2:03:58.497,2:03:59.197 >> Yeah, right. 2:03:59.197,2:04:00.265 >> Having been there, 2:04:00.265,2:04:01.299 they didn't know what[br]they were passing 2:04:01.299,2:04:02.701 and they didn't know[br]what [inaudible]. 2:04:02.701,2:04:04.169 >> So, [inaudible] to that, you[br]just said the issue wasn't trust 2:04:04.169,2:04:05.837 and you now you just say, well, 2:04:05.837,2:04:07.072 they didn't know what[br]they were passing. 2:04:07.072,2:04:08.440 >> They didn't know--[br]they didn't know-- 2:04:08.440,2:04:10.542 >> If you believe well-- well,[br]let me ask you the question. 2:04:10.542,2:04:13.879 If you believe in a democratic[br]system, now you're saying, 2:04:13.879,2:04:15.146 I don't believe 2:04:15.146,2:04:16.815 in the democratic process[br]that's passed these laws. 2:04:16.815,2:04:18.016 >> No. 2:04:18.016,2:04:19.284 >> That they were[br]misinformed and we know better? 2:04:19.284,2:04:23.455 >> No. The laws have been[br]after the fact, stretched 2:04:23.455,2:04:26.491 and manipulated in ways[br]the Congress didn't intend. 2:04:26.491,2:04:31.596 And that's where-- and that's[br]where we've gone off the rails. 2:04:31.596,2:04:35.567 Nobody who is in Congress[br]at that time, Section 215, 2:04:35.567,2:04:37.269 the metadata law[br]that we're talking 2:04:37.269,2:04:40.105 about which is aimed[br]specifically US citizens. 2:04:40.105,2:04:44.509 In making the changes they[br]were making, nobody believed 2:04:44.509,2:04:48.780 that relevant data meant[br]everybody in the United States. 2:04:48.780,2:04:49.981 >> Let me ask you-- 2:04:49.981,2:04:51.850 >> So, you know, this is--[br]so this is ultimately-- 2:04:51.850,2:04:54.152 yes, it's a question[br]of trust in so far 2:04:54.152,2:04:58.323 as the people implementing the[br]law have made it as elastic 2:04:58.323,2:05:00.425 as possible without it[br]completely exploding 2:05:00.425,2:05:04.095 and it might not be exploding. 2:05:04.095,2:05:05.363 >> John. 2:05:05.363,2:05:07.599 >> I've expressed no view[br]on whether it's desirable 2:05:07.599,2:05:11.803 or undesirable or whether[br]it's illegal or legal. 2:05:11.803,2:05:15.507 Neither of those questions[br]are really interesting to me. 2:05:15.507,2:05:18.910 When it comes to[br]the internet though, 2:05:18.910,2:05:22.480 the question is there's[br]a set of events going 2:05:22.480,2:05:24.583 on regarding surveillance, 2:05:24.583,2:05:27.986 and the internet is[br]global in nature. 2:05:27.986,2:05:32.023 We have allies and[br]trading partners 2:05:32.023,2:05:39.230 and organizations globally,[br]other governments who want 2:05:39.230,2:05:42.300 to understand what's going 2:05:42.300,2:05:45.604 on because they may[br]have the same desire. 2:05:45.604,2:05:50.742 There may be another government[br]that wishes for its reasons 2:05:50.742,2:05:54.980 to engage in surveillance of[br]communication in its country. 2:05:54.980,2:05:58.750 And it wants to understand[br]what is the framework 2:05:58.750,2:06:02.854 by which this is occurring[br]and how does it happen 2:06:02.854,2:06:06.558 in the internet, how was it's[br]supported, how does it go 2:06:06.558,2:06:09.361 on because they have their[br]own national interests 2:06:09.361,2:06:12.497 and they may pass laws in their[br]region that are perfectly fine 2:06:12.497,2:06:15.700 and acceptable according[br]to their processes. 2:06:15.700,2:06:18.169 So, we now have this[br]framework that says, 2:06:18.169,2:06:19.738 there are circumstances during 2:06:19.738,2:06:22.507 which surveillance is[br]apparently an accepted part 2:06:22.507,2:06:23.875 of the architecture. 2:06:23.875,2:06:25.777 What we don't have[br]is a transparency 2:06:25.777,2:06:29.781 about where that's occurring and[br]how that occurs and what happens 2:06:29.781,2:06:32.550 if another 130 countries[br]also do it. 2:06:32.550,2:06:37.422 I believe that if we're to have[br]equitable internet governance, 2:06:37.422,2:06:40.425 it's necessary to have[br]a fully articulated 2:06:40.425,2:06:42.260 and transparent framework. 2:06:42.260,2:06:44.029 I do not know whether[br]or not everyone is going 2:06:44.029,2:06:46.831 to like what their country[br]chooses for what it does 2:06:46.831,2:06:48.333 with surveillance or not. 2:06:48.333,2:06:49.601 That's a different question. 2:06:49.601,2:06:51.736 That's a question of laws[br]and governance structure. 2:06:51.736,2:06:54.205 But if this is going to go[br]on, we need to understand 2:06:54.205,2:06:56.741 where it occurs and how[br]it occurs and the fact 2:06:56.741,2:06:58.977 that it could be occurring[br]in a lot of places. 2:06:58.977,2:07:01.980 And that should be understood[br]and documented as part 2:07:01.980,2:07:06.351 of a clearly transparent[br]recognition 2:07:06.351,2:07:08.019 that this is part[br]of the internet. 2:07:08.019,2:07:11.089 >> Let me ask you[br]all this question. 2:07:11.089,2:07:12.724 You said you're not[br]interested in legality. 2:07:12.724,2:07:17.629 But one of the key debates[br]here is the legal framework 2:07:17.629,2:07:20.398 for PRISM and the FISA law. 2:07:20.398,2:07:26.471 And there's not much[br]debate about whether 2:07:26.471,2:07:29.541 or what's been taking places[br]legal or not under the law, 2:07:29.541,2:07:32.510 but there's a big debate about[br]whether the law is the right law 2:07:32.510,2:07:34.212 and whether the framework[br]should be altered. 2:07:34.212,2:07:39.417 If you all were to testify[br]before an intelligence 2:07:39.417,2:07:42.153 committees and others[br]on the Hill and asked, 2:07:42.153,2:07:44.155 how should this law be change 2:07:44.155,2:07:46.257 to advance the values[br]your talking about? 2:07:46.257,2:07:48.393 What would be some[br]of your suggestions? 2:07:48.393,2:07:51.696 Go ahead. 2:07:51.696,2:07:54.933 >> I think we have to start[br]by walking out the changes 2:07:54.933,2:07:59.104 that we made in the[br]records law because we took 2:07:59.104,2:08:02.607 out all the words that[br]make it proportionate 2:08:02.607,2:08:06.644 and make it targeted[br]and transformed it 2:08:06.644,2:08:08.913 into a broad collection statute. 2:08:08.913,2:08:12.183 And I, you know, I think[br]the ways to walk it back 2:08:12.183,2:08:17.589 that allows substantial[br]collection of targets 2:08:17.589,2:08:22.093 and information related to[br]that targets and backs it 2:08:22.093,2:08:27.499 out of this broad relevancy[br]standard that allows it-- 2:08:27.499,2:08:30.735 if one to be collected[br]on anybody but also not-- 2:08:30.735,2:08:34.672 it just takes out the whole[br]national security purpose. 2:08:34.672,2:08:38.009 Basically, you no longer[br]have to be collecting data 2:08:38.009,2:08:39.778 because of a particular[br]terrorist 2:08:39.778,2:08:42.847 or particular intelligence[br]activity. 2:08:42.847,2:08:45.550 You only have to be[br]collecting in order 2:08:45.550,2:08:47.786 to be protecting[br]the United States. 2:08:47.786,2:08:52.557 And that is simply to fraud[br]and to likely to abuse. 2:08:52.557,2:08:55.426 It is harder for me to[br]note what have changed 702 2:08:55.426,2:08:57.595 because we still don't[br]understand what they're doing. 2:08:57.595,2:08:59.164 >> And [inaudible] going[br]to thought about these-- 2:08:59.164,2:09:02.467 >> Except for the transparence--[br]except for greater transparency. 2:09:02.467,2:09:05.069 >> 'Cause this is-- this[br]is going to be debated 2:09:05.069,2:09:06.304 in the weeks and months ahead. 2:09:06.304,2:09:07.605 It's a very important question. 2:09:07.605,2:09:08.873 >> But the traditional method 2:09:08.873,2:09:11.376 of before the haystack[br]love [phonetic], 2:09:11.376,2:09:12.877 if you allow me to call it that. 2:09:12.877,2:09:14.679 Before that was placed,[br]the traditional methods 2:09:14.679,2:09:16.981 of law enforcement[br]worked, and they would work 2:09:16.981,2:09:18.983 with whatever the[br]internet had to provide. 2:09:18.983,2:09:20.518 You needed to identify somebody. 2:09:20.518,2:09:24.155 You usually identify them[br]through a non-technical aspect. 2:09:24.155,2:09:26.958 You had an informant[br]somebody tell you, "Hey, 2:09:26.958,2:09:29.928 I think that you were doing[br]something illegal," and that-- 2:09:29.928,2:09:31.963 that puts the focus on you. 2:09:31.963,2:09:34.432 From there, you would use[br]your traditional tools whether 2:09:34.432,2:09:36.301 they're on the net or[br]not to find, you know, 2:09:36.301,2:09:38.036 to find out what's going on. 2:09:38.036,2:09:45.143 Collecting data when there's[br]no evidence of a crime is kind 2:09:45.143,2:09:47.612 of counter intuitive and[br]kind of productive in a way 2:09:47.612,2:09:49.848 because it's sitting there. 2:09:49.848,2:09:53.351 So, if it were me and I was an[br]adversary of the United States, 2:09:53.351,2:09:57.288 I would find where those--[br]that database was being stored 2:09:57.288,2:10:00.024 and I would go after it to[br]collect all that information 2:10:00.024,2:10:02.126 because I can do the same[br]type of metadata analysis 2:10:02.126,2:10:03.194 that could be done that way. 2:10:03.194,2:10:07.332 The third thing is--[br]the reason why we-- 2:10:07.332,2:10:09.567 you've mentioned earlier that[br]maybe we've mistrusted is 2:10:09.567,2:10:14.005 because we know what can be[br]done with that data and we know 2:10:14.005,2:10:15.139 when somebody-- we know 2:10:15.139,2:10:18.109 when somebody has given[br]us a [inaudible] answer. 2:10:18.109,2:10:20.678 Because I know that if I[br]control my infrastructure, 2:10:20.678,2:10:23.848 I know the power that I[br]have doing in my office, 2:10:23.848,2:10:27.085 I have to act responsibly[br]and within, you know, 2:10:27.085,2:10:28.219 the laws and all that. 2:10:28.219,2:10:30.054 But I know what can be done 2:10:30.054,2:10:33.258 if there's no oversight[br]on my position. 2:10:33.258,2:10:34.959 And that's why I[br]think you hear-- 2:10:34.959,2:10:36.227 >> But there is oversight. 2:10:36.227,2:10:38.997 It is, you know, I mean they-- 2:10:38.997,2:10:42.200 >> It would be if you were-- if[br]you were the oversight committee 2:10:42.200,2:10:46.471 for what I would do technically,[br]do you have the technical skills 2:10:46.471,2:10:48.406 to know what I'm doing? 2:10:48.406,2:10:49.407 [Inaudible Remark] 2:10:49.407,2:10:52.877 >> So I'm going to[br]leave the legal-- 2:10:52.877,2:10:55.880 so the legal policy[br]questions, I largely agree 2:10:55.880,2:10:57.015 with what has been said. 2:10:57.015,2:10:59.083 I don't think that we[br]have adequate oversight. 2:10:59.083,2:11:02.854 And if I were-- I was talking[br]to Congress about what to do 2:11:02.854,2:11:04.689 to increase the trust[br]in this environment, 2:11:04.689,2:11:07.025 I would say that that Congress 2:11:07.025,2:11:09.827 and the FISA court[br]needs a more effective 2:11:09.827,2:11:11.296 accountability mechanism. 2:11:11.296,2:11:14.499 There is no way that the FISA[br]court judges or the members 2:11:14.499,2:11:16.301 of the Intelligence[br]community are looking 2:11:16.301,2:11:17.568 at every single query-- 2:11:17.568,2:11:18.569 >> Right. 2:11:18.569,2:11:20.505 >> -- that NSA analysts[br]are performing 2:11:20.505,2:11:22.006 on these enormous[br]amounts of data. 2:11:22.006,2:11:23.775 It is technically possible to do 2:11:23.775,2:11:26.010 that to Mike Nelson's [assumed[br]spelling] earlier point 2:11:26.010,2:11:30.949 to actually evaluate whether[br]when Bob led the general counsel 2:11:30.949,2:11:34.385 of ODNI says, "Yeah, we have[br]the whole state haystack 2:11:34.385,2:11:37.722 but we only ask questions[br]based on certain predicates." 2:11:37.722,2:11:40.291 I know Bob and I more[br]or less trust him 2:11:40.291,2:11:43.661 but I think it's outrageous[br]for the government to say 2:11:43.661,2:11:46.431 to its citizens,[br]"Don't worry, trust us." 2:11:46.431,2:11:48.599 We give the government[br]considerable authority 2:11:48.599,2:11:50.401 but we need mechanisms[br]to make sure it's being 2:11:50.401,2:11:51.602 used responsibly. 2:11:51.602,2:11:53.538 And none of the oversight[br]mechanisms that exist 2:11:53.538,2:11:57.775 that you've mentioned are[br]able to provide that kind 2:11:57.775,2:12:00.244 of accountability[br]other than to call 2:12:00.244,2:12:02.580 up a responsible[br]person like, you know, 2:12:02.580,2:12:03.748 Mr. Ledin [assumed[br]spelling] say, 2:12:03.748,2:12:04.882 "Are you following the rules?" 2:12:04.882,2:12:06.517 And he says, "Yes, we're[br]following the rules." 2:12:06.517,2:12:09.420 He doesn't even know what[br]every single analyst does 2:12:09.420,2:12:11.122 in the agencies that's[br]responsible for it. 2:12:11.122,2:12:15.226 >> Let me ask you about one of[br]the proposals that has been made 2:12:15.226,2:12:17.161 and why they debated[br]in Washington. 2:12:17.161,2:12:20.832 And so, a lot of people[br]pointed out one of the flaws, 2:12:20.832,2:12:23.167 critics had pointed[br]out one of the flaws 2:12:23.167,2:12:26.804 in the FISA process is there's[br]no adversarial mechanism 2:12:26.804,2:12:31.709 within the FISA system that the[br]government comes in and asks 2:12:31.709,2:12:35.646 for permission and there[br]is no counter voice. 2:12:35.646,2:12:37.348 There is no adversarial[br]proceeding. 2:12:37.348,2:12:42.220 And in most legal systems, there[br]is a mechanism for challenging. 2:12:42.220,2:12:45.990 So, a number of legislative[br]proposals have been advanced 2:12:45.990,2:12:47.392 in one form or another. 2:12:47.392,2:12:50.361 Is this one of the mechanism set[br]that Congress should be looking 2:12:50.361,2:12:53.531 at to try to reorder[br]this balance that many 2:12:53.531,2:12:55.166 of you think is out way? 2:12:55.166,2:12:59.270 >> Yeah. I actually think[br]this question of some kind 2:12:59.270,2:13:02.306 of a public advocate and[br]I think it's probably-- 2:13:02.306,2:13:05.576 we figured it out how to give[br]private lawyers the ability 2:13:05.576,2:13:07.378 to look at classified[br]information 2:13:07.378,2:13:09.380 and criminal procedures. 2:13:09.380,2:13:12.216 We ought to be able to come up[br]with this table of those people 2:13:12.216,2:13:15.353 who litigate the[br]national security state, 2:13:15.353,2:13:18.356 who can stand in for the public. 2:13:18.356,2:13:24.762 And, you know, I think it's one[br]of many potential points of sort 2:13:24.762,2:13:28.299 of strengthening oversight here. 2:13:28.299,2:13:30.835 I think it's-- I think[br]it's critically important. 2:13:30.835,2:13:32.336 I think different levels of sort 2:13:32.336,2:13:35.039 of reporting back[br]to the FISA court. 2:13:35.039,2:13:37.041 I think part of the[br]problem and the reason 2:13:37.041,2:13:39.477 that people are responding[br]is, I mean, 2:13:39.477,2:13:42.914 it's interesting FISA was[br]a civil liberties measure 2:13:42.914,2:13:46.150 when it was adopted in 1978. 2:13:46.150,2:13:48.686 And, you know, it's basically[br]my mentors were the civil 2:13:48.686,2:13:51.589 libertarians who[br]proposed this crazy idea. 2:13:51.589,2:13:58.696 And the world is really[br]different from the ones in 1978. 2:13:58.696,2:14:02.300 And being in contact with[br]a foreign person, I mean, 2:14:02.300,2:14:03.968 you know, there was[br]an iron curtain. 2:14:03.968,2:14:05.436 If you were-- if they[br]could actually figure 2:14:05.436,2:14:08.239 out you were communicating[br]with a foreign person, 2:14:08.239,2:14:10.708 it probably had some[br]significance. 2:14:10.708,2:14:12.777 We now live in this[br]world where 20 percent 2:14:12.777,2:14:15.746 of us are first generation, 2:14:15.746,2:14:18.549 where our corporations[br]are global, 2:14:18.549,2:14:21.886 where we travel all the[br]time, and where we-- 2:14:21.886,2:14:24.555 people don't identify[br]themselves in that the same kind 2:14:24.555,2:14:28.226 of we-them way and[br]yet we have a law 2:14:28.226,2:14:31.295 and a designation[br]of foreign persons. 2:14:31.295,2:14:34.966 That really is a Cold[br]War era and almost has 2:14:34.966,2:14:37.235 to be reconsidered[br]all by itself. 2:14:37.235,2:14:39.871 And the law can't[br]be working very well 2:14:39.871,2:14:41.672 because it's not[br]supposed to sweep 2:14:41.672,2:14:43.541 up American's communications. 2:14:43.541,2:14:46.077 And all you have to do is read[br]the minimization guidelines 2:14:46.077,2:14:48.846 to understand how much of our[br]communications [inaudible]. 2:14:48.846,2:14:53.151 >> Hal Berghel wrote[br]an interesting article 2:14:53.151,2:14:56.087 that just came out in[br]IEEE Computer magazine. 2:14:56.087,2:14:57.788 It's called "Through[br]the PRISM Darkly". 2:14:57.788,2:15:00.024 And there's a quote[br]in there that says, 2:15:00.024,2:15:01.893 "The Foreign Intelligence[br]Surveillance Court has an 2:15:01.893,2:15:05.930 approval rate of 99.93 percent[br]of all surveillance requests. 2:15:05.930,2:15:08.666 While this might not meet[br]the strict definition 2:15:08.666,2:15:10.902 of a kangaroo court,[br]it seems to fall 2:15:10.902,2:15:13.237 within the marsupial family." 2:15:13.237,2:15:13.971 So-- 2:15:13.971,2:15:15.339 [ Laughter ] 2:15:15.339,2:15:18.509 The point of it is is that there[br]are, you know, there are two 2:15:18.509,2:15:22.046 and he calls them cyber urban[br]myths that deal with this. 2:15:22.046,2:15:25.216 One is that you do need[br]to all of this, you know, 2:15:25.216,2:15:28.753 information to do it[br]and that there's not-- 2:15:28.753,2:15:30.821 there's sufficient oversight. 2:15:30.821,2:15:31.856 And I think we all agree, 2:15:31.856,2:15:34.525 there's not sufficient[br]oversight. 2:15:34.525,2:15:39.797 You wouldn't ask me to be on[br]a medical oversight committee 2:15:39.797,2:15:42.033 to review surgical procedures 2:15:42.033,2:15:43.801 because I'm not a[br]doctor, I'm not a surgeon. 2:15:43.801,2:15:46.070 I don't have that[br]expertise in that area. 2:15:46.070,2:15:47.371 And so, I think that's the-- 2:15:47.371,2:15:49.040 I think that's the thing 2:15:49.040,2:15:53.244 that bothers the technology[br]people is we know it is a small 2:15:53.244,2:15:56.013 community of the actual people[br]that know the nuts and bolts 2:15:56.013,2:15:58.616 about technology security[br]from that standpoint. 2:15:58.616,2:16:00.818 And if we don't know[br]each other by-- 2:16:00.818,2:16:04.088 personally, we know each other[br]by reputation and whatever. 2:16:04.088,2:16:07.992 And so when you look and[br]you query your other peers 2:16:07.992,2:16:10.161 and they have the same[br]misgivings that you do, 2:16:10.161,2:16:11.596 then it makes you[br]wonder what's going on. 2:16:11.596,2:16:15.800 >> I just want to make one[br]other point about the people 2:16:15.800,2:16:19.203 who are being swept up in[br]this-- in this surveillance. 2:16:19.203,2:16:20.705 I think one of the reasons 2:16:20.705,2:16:23.040 that more fine-grained[br]accountability is really 2:16:23.040,2:16:26.110 critical is we don't know 2:16:26.110,2:16:29.380 but I think it's a safe[br]assumption that, you know, 2:16:29.380,2:16:32.683 somewhere north of 90 percent[br]of the people who are on any 2:16:32.683,2:16:36.153 of these terrorism watch list[br]who were the targets of any 2:16:36.153,2:16:38.623 of this surveillance[br]are Arab-Americans 2:16:38.623,2:16:40.424 who have some connection[br]to the Middle East, 2:16:40.424,2:16:42.826 many of whom are[br]probably Muslims. 2:16:42.826,2:16:45.563 In this country, we don't[br]have a great history 2:16:45.563,2:16:49.734 of treating minorities[br]perfectly fairly. 2:16:49.734,2:16:54.305 And part of the reason we[br]have oversight mechanisms, 2:16:54.305,2:16:57.174 part of reason we have open[br]courts, part of reason we try 2:16:57.174,2:17:02.713 to have due process with public[br]visibility is to make sure 2:17:02.713,2:17:05.516 that we actually do[br]our job and really-- 2:17:05.516,2:17:08.084 and really treating people[br]fairly and not discriminating. 2:17:08.084,2:17:11.522 And again, I don't--[br]I don't think-- 2:17:11.522,2:17:13.591 I think it's really interesting,[br]you hear this panel, 2:17:13.591,2:17:14.892 you hear the public discussion. 2:17:14.892,2:17:16.994 I don't think through[br]that many people saying, 2:17:16.994,2:17:18.896 "Stop the Surveillance." 2:17:18.896,2:17:20.031 People are not saying that I was 2:17:20.031,2:17:22.400 in Boston during the[br]marathon bombings. 2:17:22.400,2:17:25.036 People are clamoring for the[br]instillation of more cameras. 2:17:25.036,2:17:27.638 You know, the question[br]I really believe is not 2:17:27.638,2:17:30.508 about whether law enforcement[br]should have these tools. 2:17:30.508,2:17:32.109 It's about whether[br]we can feel confident 2:17:32.109,2:17:34.779 that they're using[br]them responsibly. 2:17:34.779,2:17:37.781 >> One of you made[br]the point that-- 2:17:37.781,2:17:39.483 actually, this is[br]not a new issue-- 2:17:39.483,2:17:42.852 that just a few years ago,[br]Washington posted an expose, 2:17:42.852,2:17:46.424 a very lengthy one, Diana Press[br][assumed spelling] and others. 2:17:46.424,2:17:50.460 And there was not anything[br]like the same kind of reaction 2:17:50.460,2:17:52.263 that there's been lately. 2:17:52.263,2:17:55.333 And I'm wondering why you[br]think what's the difference, 2:17:55.333,2:17:58.536 why has there been such--[br]why are we having this panel 2:17:58.536,2:17:59.637 and not three years ago. 2:17:59.637,2:18:01.572 Why is there so much[br]conversation now 2:18:01.572,2:18:04.674 about this issue[br]when, in fact, when-- 2:18:04.674,2:18:08.379 at least some of this[br]was made known through-- 2:18:08.379,2:18:10.448 to post another mechanisms[br]some years ago? 2:18:10.448,2:18:11.816 >> Smartphones. 2:18:11.816,2:18:13.484 >> We didn't have the numbers,[br]we didn't have the numbers. 2:18:13.484,2:18:15.852 I mean, from the Verizon[br]order, we now know. 2:18:15.852,2:18:17.321 It's-- I don't remember[br]how many millions 2:18:17.321,2:18:18.723 of people's records were-- 2:18:18.723,2:18:20.825 tens of millions of people's[br]records were collected. 2:18:20.825,2:18:23.294 We had-- we have[br]general outlines 2:18:23.294,2:18:26.931 from the post reporting,[br]from, you know, from all kinds 2:18:26.931,2:18:30.300 of things but we did-- it was[br]not dramatized with numbers. 2:18:30.300,2:18:33.637 And I think and now we know[br]it's basically everyone's data. 2:18:33.637,2:18:35.638 We never actually knew[br]that was happening. 2:18:35.638,2:18:36.540 >> Right. I think that's right. 2:18:36.540,2:18:38.609 I also think there was an uproar 2:18:38.609,2:18:43.280 when the warrantless[br]wiretapping was first revealed. 2:18:43.280,2:18:45.750 We had a very big[br]battle in Congress. 2:18:45.750,2:18:47.550 People were really[br]worried about it. 2:18:47.550,2:18:49.420 People who were not[br]following it closely 2:18:49.420,2:18:51.922 and they passed an amendment[br]might have actually thought 2:18:51.922,2:18:54.325 that what we wound[br]up with was some kind 2:18:54.325,2:18:56.093 of additional procedural[br]protections. 2:18:56.093,2:18:59.730 Instead, we wound up-- what we[br]wound up with was a ratification 2:18:59.730,2:19:01.898 of that program, immunity 2:19:01.898,2:19:05.468 for the providers,[br]and not much more. 2:19:05.468,2:19:09.173 And so I, you know, I[br]think a lot of us knew some 2:19:09.173,2:19:12.009 of this was going on but[br]I think we didn't know. 2:19:12.009,2:19:14.844 One of my colleagues, Jim[br]Dempsey who's on the Privacy 2:19:14.844,2:19:19.884 and Civil Liberties Oversight[br]Board wrote an article saying, 2:19:19.884,2:19:22.852 "Did they just approve[br]a vacuum cleaner?" 2:19:22.852,2:19:25.489 And lots of people then[br]responded with, "Oh, 2:19:25.489,2:19:28.092 you know, that's ridiculous." 2:19:28.092,2:19:31.529 Well, no, in fact, they[br]approved a vacuum cleaner 2:19:31.529,2:19:33.297 and we didn't know it. 2:19:33.297,2:19:34.432 >> Laura? Laura. 2:19:34.432,2:19:35.566 >> I agree with those points. 2:19:35.566,2:19:38.035 I think it is a matter[br]of scale in this case. 2:19:38.035,2:19:39.670 But I think there are[br]few other points, too, 2:19:39.670,2:19:41.472 that are a little[br]bit more subtle. 2:19:41.472,2:19:43.207 So, one issue is that this came 2:19:43.207,2:19:46.811 after Hillary Clinton's[br]internet freedom speech 2:19:46.811,2:19:50.981 and this entire mean[br][phonetic] that has been created 2:19:50.981,2:19:54.318 and I think rightly[br]replicated around the world 2:19:54.318,2:19:55.786 about internet freedom. 2:19:55.786,2:20:00.891 So, this is a very important[br]issue and what this does is it-- 2:20:00.891,2:20:03.727 it's providing an opportunity[br]for people to challenge 2:20:03.727,2:20:07.031 that notion of the internet[br]freedom and to point 2:20:07.031,2:20:09.567 out what they're[br]calling hypocrisy. 2:20:09.567,2:20:12.269 So, that to me is a problem. 2:20:12.269,2:20:16.440 It can also be an opportunity[br]if it's addressed appropriately. 2:20:16.440,2:20:21.512 Another issue is that individual[br]citizens are living their life 2:20:21.512,2:20:23.380 online to a much greater extent 2:20:23.380,2:20:25.049 than they did five[br]years ago even. 2:20:25.049,2:20:27.051 It's really amazing[br]if you think. 2:20:27.051,2:20:29.019 I mean, I'll just give you[br]an example I was talking 2:20:29.019,2:20:29.820 about today. 2:20:29.820,2:20:31.856 So, five years ago, I was-- 2:20:31.856,2:20:34.225 I would read the paper[br]in the morning and now, 2:20:34.225,2:20:37.194 I'm completely connected to[br]my smartphone all the time 2:20:37.194,2:20:40.397 and I am posting information,[br]I'm communicating in it. 2:20:40.397,2:20:42.800 So, the public sphere[br]is what's at stake here. 2:20:42.800,2:20:44.468 The public sphere is online. 2:20:44.468,2:20:45.803 And I think that[br]that is much greater 2:20:45.803,2:20:48.606 than during these last[br]instances a few years ago 2:20:48.606,2:20:49.874 that were mentioned. 2:20:49.874,2:20:53.143 So, scale, the issue of[br]people being more cognizant 2:20:53.143,2:20:56.247 about how their internal[br]private life is lived 2:20:56.247,2:20:59.183 out in the digital[br]realm and also the mean 2:20:59.183,2:21:01.685 that has been fairly successful 2:21:01.685,2:21:03.988 about internet freedom[br]has ensued 2:21:03.988,2:21:06.857 in these intervening years. 2:21:06.857,2:21:09.426 >> I think those were[br]grilling [phonetic] points. 2:21:09.426,2:21:10.394 >> Yeah. [Multiple Speakers] 2:21:10.394,2:21:12.263 >> I was just going[br]to say quickly 2:21:12.263,2:21:15.733 that technology makes lots of[br]things possible and it was clear 2:21:15.733,2:21:17.167 at the time of those articles. 2:21:17.167,2:21:18.502 It's clear today. 2:21:18.502,2:21:21.238 It doesn't mean that[br]it's eminently minable 2:21:21.238,2:21:23.974 but that's done outside[br]of due process. 2:21:23.974,2:21:25.142 And I think those are the things 2:21:25.142,2:21:26.510 that are getting[br]people excitable. 2:21:26.510,2:21:30.114 It's not technology and it's[br]not what's technically possible 2:21:30.114,2:21:32.016 or even what's technically[br]feasible. 2:21:32.016,2:21:37.221 It's actually ultimately[br]the full mining 2:21:37.221,2:21:39.790 and then the lack[br]of public scrutiny. 2:21:39.790,2:21:41.892 >> What about the argument[br]that you hear from some people 2:21:41.892,2:21:45.796 that not only are we three[br]years farther away from 9/11? 2:21:45.796,2:21:48.499 Several of you made[br]the point that a lot 2:21:48.499,2:21:52.169 of these original[br]processes were passed almost 2:21:52.169,2:21:55.673 in a battlefield mentality,[br]one of you used that phrase. 2:21:55.673,2:22:01.478 And that there were extreme[br]circumstances with the value 2:22:01.478,2:22:02.479 of national security 2:22:02.479,2:22:04.815 in protecting the[br]homeland very much 2:22:04.815,2:22:06.784 in the forefront[br]of a public debate. 2:22:06.784,2:22:10.654 So you got three years later[br]but some people would argue-- 2:22:10.654,2:22:12.289 there's almost a[br]contradiction here. 2:22:12.289,2:22:14.758 Certainly the intelligence[br]community would say, "Well, 2:22:14.758,2:22:18.329 actually people are more[br]relaxed now and less concerned 2:22:18.329,2:22:21.632 about the threat because[br]our systems have worked 2:22:21.632,2:22:24.468 and that you shouldn't[br]be dismantling systems 2:22:24.468,2:22:26.570 which have actually made[br]people more secure." 2:22:26.570,2:22:27.938 How would you answer that? 2:22:27.938,2:22:29.340 >> Let's concentrate to what[br]the President has said though. 2:22:29.340,2:22:31.241 I mean, what the[br]President has told us-- 2:22:31.241,2:22:33.110 >> Although he has said[br]he's in favor of the system. 2:22:33.110,2:22:36.947 >> Yes. And he said that[br]the capability is necessary. 2:22:36.947,2:22:39.850 He's in no way precluded[br]additional oversight. 2:22:39.850,2:22:42.286 I think he's actually[br]welcomed the discussion of-- 2:22:42.286,2:22:43.354 >> Sure. 2:22:43.354,2:22:44.688 >> -- of what kind[br]of oversight we need. 2:22:44.688,2:22:49.226 But he said we're living[br]it in a lower threat level 2:22:49.226,2:22:52.396 and that we need to make[br]changes as a society 2:22:52.396,2:22:54.465 and as government[br]in response to that. 2:22:54.465,2:22:57.968 So, not the other way around. 2:22:57.968,2:23:03.941 >> Edward Snowden, to some[br]people he's a traitor. 2:23:03.941,2:23:05.376 To some people, he's a hero. 2:23:05.376,2:23:07.111 What do you think? 2:23:07.111,2:23:11.649 >> Everybody, on your clearance[br]you signed a document that says, 2:23:11.649,2:23:15.786 "If you disclose secrecy,[br]there's a penalty." 2:23:15.786,2:23:18.822 So, from that standpoint,[br]you clearly violated 2:23:18.822,2:23:23.927 that document and, you know,[br]I don't have a problem with-- 2:23:23.927,2:23:26.563 with being prosecuted[br]because of that. 2:23:26.563,2:23:27.865 On the oversight-- 2:23:27.865,2:23:29.633 >> Because it this contractual-- 2:23:29.633,2:23:30.868 >> Because it is contractual. 2:23:30.868,2:23:32.336 I mean, it states, "Anybody[br]who has a clearance." 2:23:32.336,2:23:34.605 You have that-- it's in[br]your-- in the agreement, 2:23:34.605,2:23:38.308 and it says clearly that you,[br]you know, 25 years in prison 2:23:38.308,2:23:39.309 or whatever it is that-- 2:23:39.309,2:23:40.044 >> You actually read that? 2:23:40.044,2:23:41.812 >> No, it's-- yeah. 2:23:41.812,2:23:44.515 It happens when you come from[br]a family of lawyers, you know. 2:23:44.515,2:23:45.849 >> It's privacy policy. 2:23:45.849,2:23:48.052 >> No. I mean, you look-- yeah,[br]I mean, if I'm going to go 2:23:48.052,2:23:50.220 to jail, I want to know[br]what I have to say, right? 2:23:50.220,2:23:52.923 And, so I think-- I think[br]from that standpoint, yes. 2:23:52.923,2:23:54.792 I think the rest of the[br]community is still trying 2:23:54.792,2:23:57.895 to divide it as to whether[br]or not the information 2:23:57.895,2:24:01.065 that is disclosed is a problem. 2:24:01.065,2:24:03.100 And some people go back kind 2:24:03.100,2:24:06.070 of like what I was saying[br]is there have been articles 2:24:06.070,2:24:08.172 about this for, you[br]know, a long time. 2:24:08.172,2:24:10.374 You know, you can go[br]back into the '70s 2:24:10.374,2:24:14.445 when NSA had the ECHELON[br]program, in the mid-'90s 2:24:14.445,2:24:16.613 with Omnivore and[br]Carnivore, you know, 2:24:16.613,2:24:17.648 all of those type of things. 2:24:17.648,2:24:18.816 You've had this type 2:24:18.816,2:24:20.884 of electronic surveillance[br]for quite sometime. 2:24:20.884,2:24:24.054 So, we're not quite sure what[br]it is and not having seen all 2:24:24.054,2:24:27.224 that is disclosed but we're[br]not quite sure of what it is 2:24:27.224,2:24:31.829 that he's telling the world[br]that we don't know already. 2:24:31.829,2:24:35.299 And so from that stand point,[br]I think part of my community, 2:24:35.299,2:24:37.901 we're not sure about[br]the content. 2:24:37.901,2:24:40.738 But certainly he violated an[br]agreement and he, you know, 2:24:40.738,2:24:43.040 that's what they're going[br]to go after him for. 2:24:43.040,2:24:46.410 >> So I have mixed views[br]about Snowden because I think 2:24:46.410,2:24:49.213 that whistleblowing in a[br]free society and a right 2:24:49.213,2:24:51.348 to know is critically important. 2:24:51.348,2:24:54.651 And if you go back[br]to Pentagon Papers 2:24:54.651,2:24:57.788 and terrible things did not[br]happen with the publishing 2:24:57.788,2:24:59.523 of the Pentagon Papers. 2:24:59.523,2:25:02.226 [ Pause ] 2:25:02.226,2:25:04.261 So-- so, part of-- 2:25:04.261,2:25:05.796 >> I'll cover the[br]Pentagon Papers story and-- 2:25:05.796,2:25:06.797 >> I'm sure-- 2:25:06.797,2:25:07.765 >> -- cover Daniel[br]Ellsberg's trial. 2:25:07.765,2:25:08.465 So, I'm-- 2:25:08.465,2:25:09.099 >> And Ellsberg's trial. 2:25:09.099,2:25:09.800 >> Yes. 2:25:09.800,2:25:10.834 >> And Ellsberg is very, 2:25:10.834,2:25:13.771 very out there right[br]now about Snowden. 2:25:13.771,2:25:16.073 I was kind of right with him 2:25:16.073,2:25:21.311 until he started keeping away[br]the US cyber security strategy 2:25:21.311,2:25:24.114 with respect to China[br]while he was in Hong Kong. 2:25:24.114,2:25:29.253 And then I started to wonder[br]exactly what he's motivations 2:25:29.253,2:25:30.587 were, you know. 2:25:30.587,2:25:35.526 And so, I do feel like[br]there's a level or recklessness 2:25:35.526,2:25:42.299 that worries me and although[br]it's hard for me to really know 2:25:42.299,2:25:45.836 if there's damage to national[br]security because I've set 2:25:45.836,2:25:48.972 in some of these meetings[br]with national security people 2:25:48.972,2:25:51.909 who I've held up the[br]minimization guidelines 2:25:51.909,2:25:53.277 and said, "Is there anything 2:25:53.277,2:25:55.379 in here that's really[br]secret or should be?" 2:25:55.379,2:25:56.847 And they said, "No." 2:25:56.847,2:26:00.184 The existence of[br]these programs sort 2:26:00.184,2:26:02.853 of have been broad-brushed[br]some people knew. 2:26:02.853,2:26:05.022 So, if at the end of the day, 2:26:05.022,2:26:06.390 it's that the public[br]finally knows 2:26:06.390,2:26:08.325 that it's happening[br]'cause I'm not sure 2:26:08.325,2:26:10.894 if any thing's been revealed[br]that will allow people 2:26:10.894,2:26:15.232 to somehow evade all of this,[br]that, I think, you know, 2:26:15.232,2:26:18.302 society has to make[br]room for whistleblowers. 2:26:18.302,2:26:20.304 I just wish we had[br]whistleblowers 2:26:20.304,2:26:23.407 who were a little less reckless. 2:26:23.407,2:26:24.708 >> Well, you know,[br]as a whistleblower, 2:26:24.708,2:26:26.910 he appears to have[br]delusions of grandeur. 2:26:26.910,2:26:28.011 >> Well, right. 2:26:28.011,2:26:28.979 >> I mean, the first[br]couple of days, he had-- 2:26:28.979,2:26:31.014 he'd made statements[br]such as saying-- 2:26:31.014,2:26:33.483 such as that he could order[br]a wiretap of the President 2:26:33.483,2:26:35.853 and he could, you know,[br]had all the locations 2:26:35.853,2:26:37.254 of all the NSA stations. 2:26:37.254,2:26:42.626 Pretty unlikely, that said,[br]I guess the, you know, 2:26:42.626,2:26:45.796 I think that his disclosures[br]have done a public service. 2:26:45.796,2:26:47.931 I think he's a whistleblower[br]in that sense. 2:26:47.931,2:26:48.999 I actually agree. 2:26:48.999,2:26:50.434 It seems like he[br]just broken the law 2:26:50.434,2:26:52.336 and doesn't seem[br]very complicated. 2:26:52.336,2:26:55.205 What I find confusing and-- 2:26:55.205,2:26:59.676 is that somehow the[br]traditional notion 2:26:59.676,2:27:02.880 of civil disobedience seems[br]to have been lost track 2:27:02.880,2:27:04.514 of in what he's doing. 2:27:04.514,2:27:06.250 I mean, I wish-- I mean, look, 2:27:06.250,2:27:09.353 he's obviously has put his[br]life at total risk and-- 2:27:09.353,2:27:11.622 >> Although traditional[br]idea is you pay the penalty 2:27:11.622,2:27:12.956 for having broken the law. 2:27:12.956,2:27:14.324 >> You pay the penalty and[br]you [inaudible] having a trial 2:27:14.324,2:27:16.994 and you expose-- you expose the[br]things that you're concerned 2:27:16.994,2:27:19.263 about and you expose[br]them, further look at me. 2:27:19.263,2:27:20.597 He's a civilian. 2:27:20.597,2:27:23.667 He wouldn't be tried in a[br]court martial the way Bradley 2:27:23.667,2:27:24.401 Manning is. 2:27:24.401,2:27:25.402 >> Right. 2:27:25.402,2:27:26.803 >> He could've staged[br]a public trial 2:27:26.803,2:27:30.540 and a big public discussion that[br]he chose not to and I, you know, 2:27:30.540,2:27:31.909 again, it's not for me 2:27:31.909,2:27:35.512 to say how people should put[br]their lives at risk as he'd has 2:27:35.512,2:27:38.782 but I think it's a-- I think[br]it's an incomplete active 2:27:38.782,2:27:40.450 civil disobedience. 2:27:40.450,2:27:42.519 >> Anybody else want[br]it, got a view on that? 2:27:42.519,2:27:45.155 Let me ask you another question. 2:27:45.155,2:27:49.059 One of the things that[br]Dan said that the-- 2:27:49.059,2:27:51.261 are the very interesting[br]analysis when he talked 2:27:51.261,2:27:53.864 about the internet not being[br]a creature of the state, 2:27:53.864,2:27:55.933 how earlier forms 2:27:55.933,2:27:59.937 of communication whether[br]it's telephones and telegraph 2:27:59.937,2:28:02.205 and so many of them grew up. 2:28:02.205,2:28:05.142 Television spectrums,[br]I mean, they were sold 2:28:05.142,2:28:07.177 by the government,[br]right, and still are. 2:28:07.177,2:28:12.015 So, there was an inherent[br]regulatory legal organic 2:28:12.015,2:28:14.484 connection between earlier[br]forms of communication 2:28:14.484,2:28:18.288 and government regulation which,[br]as you point out is missing 2:28:18.288,2:28:22.159 in a large part in this[br]particular system we've all been 2:28:22.159,2:28:23.593 talking about. 2:28:23.593,2:28:25.562 >> But it's more than a legal[br]question it seems to me, 2:28:25.562,2:28:30.767 it's also a cultural question,[br]that a lot of you being soaked 2:28:30.767,2:28:32.602 in this culture and committed 2:28:32.602,2:28:37.607 to this culture have evinced[br]skepticism of government 2:28:37.607,2:28:42.045 and of regulation and yet at[br]the same time, you're grappling 2:28:42.045,2:28:46.016 with the notion of how do you[br]bring some order to a system 2:28:46.016,2:28:50.921 that continues to cry out[br]for some kind of regulation. 2:28:50.921,2:28:53.690 I'm interested for you[br]to use a little bit 2:28:53.690,2:28:58.095 about the contradiction between[br]sort of the historic origins 2:28:58.095,2:29:01.999 and the culture of this[br]system and the need 2:29:01.999,2:29:05.035 to bring some order[br]and regulation to it. 2:29:05.035,2:29:07.671 It seems to me there's an[br]inherent conflict that's worth 2:29:07.671,2:29:09.740 talking about. 2:29:09.740,2:29:10.841 Start. 2:29:10.841,2:29:11.942 >> I'll kick off the[br]discussion about that. 2:29:11.942,2:29:15.746 I think sometimes when[br]you go to a workshop 2:29:15.746,2:29:18.482 that discusses internet[br]governance, 2:29:18.482,2:29:23.687 it descends into a question[br]such as who should grab the keys 2:29:23.687,2:29:25.288 of internet governance, right? 2:29:25.288,2:29:26.323 So, the question of-- 2:29:26.323,2:29:27.624 so if question were asked 2:29:27.624,2:29:30.794 such as should the United[br]Nations control the internet 2:29:30.794,2:29:32.829 or should the United[br]States control it 2:29:32.829,2:29:34.064 or should Google control it? 2:29:34.064,2:29:36.166 Like those kinds of[br]questions don't make any sense 2:29:36.166,2:29:37.667 in their first instance. 2:29:37.667,2:29:41.204 And part of that is because[br]there is no monolithic system 2:29:41.204,2:29:42.305 of internet governance. 2:29:42.305,2:29:45.142 It's highly granular,[br]it's multi layered. 2:29:45.142,2:29:47.577 There are-- there are[br]so many different levels 2:29:47.577,2:29:49.746 of internet governance. 2:29:49.746,2:29:51.381 I mean, I-- my book is very long 2:29:51.381,2:29:53.316 and I only get into[br]some of them. 2:29:53.316,2:29:56.453 But the issue here is[br]multistakeholder governance 2:29:56.453,2:29:57.854 and what that means. 2:29:57.854,2:30:01.191 So, internet governance is very[br]interesting because it is not 2:30:01.191,2:30:03.660 about governments necessarily[br]but that doesn't mean 2:30:03.660,2:30:05.295 that there's not a[br]role for government 2:30:05.295,2:30:06.963 in many different areas. 2:30:06.963,2:30:09.599 So, if I have identity theft,[br]I'd like the government 2:30:09.599,2:30:10.600 to step in and help me. 2:30:10.600,2:30:12.702 I expect antitrust enforcement. 2:30:12.702,2:30:15.806 I expect laws about--[br]some laws about privacy. 2:30:15.806,2:30:16.973 I expect some laws 2:30:16.973,2:30:19.109 about intellectual[br]property rights enforcement. 2:30:19.109,2:30:22.079 I expect certain national[br]statute on any variety 2:30:22.079,2:30:25.515 of things related to[br]trade, child protection. 2:30:25.515,2:30:28.785 So, there are many places[br]for the government to be 2:30:28.785,2:30:31.054 in internet regulation[br]and governance. 2:30:31.054,2:30:34.157 But most functions[br]that are related 2:30:34.157,2:30:36.660 to the operational[br]stability and security 2:30:36.660,2:30:39.129 of the internet have[br]not been the purview 2:30:39.129,2:30:40.297 of traditional governments 2:30:40.297,2:30:42.532 but they have been enacted[br]by private industry. 2:30:42.532,2:30:44.734 And I think that that's[br]a very important point. 2:30:44.734,2:30:47.270 Now, tying this back[br]to the PRISM issue, 2:30:47.270,2:30:52.109 one concern that I have is[br]that the one separate area 2:30:52.109,2:30:54.478 of how the internet is[br]being used in the data 2:30:54.478,2:30:56.713 that can be collected[br]and gathered will bleed 2:30:56.713,2:30:59.349 into this other area of[br]the operational stability 2:30:59.349,2:31:01.084 and security of the internet. 2:31:01.084,2:31:05.455 So, we can expect to see[br]this issue used as a proxy 2:31:05.455,2:31:08.191 for governments that are[br]interested in gaining control 2:31:08.191,2:31:10.327 in certain operational[br]areas of the internet. 2:31:10.327,2:31:12.429 I guarantee that[br]that will happen. 2:31:12.429,2:31:14.531 So, we'll see that in some-- 2:31:14.531,2:31:16.833 once he calls for[br]international treaties. 2:31:16.833,2:31:19.236 Again, that leave[br]out private industry. 2:31:19.236,2:31:21.071 That leave out civil society. 2:31:21.071,2:31:23.874 We'll see it in additional[br]calls for bringing 2:31:23.874,2:31:26.443 in a more multilateral control 2:31:26.443,2:31:28.245 of some critical[br]internet resources. 2:31:28.245,2:31:30.680 So, I think one bleeds[br]into another. 2:31:30.680,2:31:34.351 But that it's really not[br]about private industry 2:31:34.351,2:31:37.320 versus governments[br]or civil society 2:31:37.320,2:31:39.723 versus private industry,[br]for example. 2:31:39.723,2:31:42.359 It's about the more[br]contextual question 2:31:42.359,2:31:45.462 of what governance is[br]necessary for what-- 2:31:45.462,2:31:47.097 which particular area. 2:31:47.097,2:31:50.033 So, in certain cases, it's[br]completely appropriate 2:31:50.033,2:31:52.536 for only the private[br]sector to be involved. 2:31:52.536,2:31:54.538 In other cases, it's the[br]purview of government. 2:31:54.538,2:31:57.841 So, it has to be asked[br]in a contextual area, 2:31:57.841,2:32:00.110 and that's what multistakeholder[br]governance is. 2:32:00.110,2:32:03.713 It's not everybody in charge[br]of every-- it's granular area. 2:32:03.713,2:32:04.781 That's not it. 2:32:04.781,2:32:06.516 It's about what's[br]the appropriate form 2:32:06.516,2:32:08.718 of governance in[br]a particular area. 2:32:08.718,2:32:10.654 >> John? 2:32:10.654,2:32:12.422 >> So the one thing[br]we do know is 2:32:12.422,2:32:15.692 that the internet[br]evolves very quickly. 2:32:15.692,2:32:22.766 I was involved 25 years of[br]it and it changes rapidly. 2:32:22.766,2:32:28.538 What was dial-up[br]modems and just Telnet 2:32:28.538,2:32:36.112 and FTP quickly became[br]circuits and high speed fiber. 2:32:36.112,2:32:37.881 Yeah, OK, sorry. 2:32:37.881,2:32:39.149 [Inaudible] And the web-- 2:32:39.149,2:32:41.084 >> My work here is done, yeah. 2:32:41.084,2:32:47.891 >> The fact is that that[br]evolution doesn't work well 2:32:47.891,2:32:49.726 with government regulation. 2:32:49.726,2:32:54.397 Having been involved in[br]the telecommunication side 2:32:54.397,2:32:57.400 of the industry as opposed the[br]internet side, I also dealt 2:32:57.400,2:32:59.102 with a lot of [inaudible][br]regulations. 2:32:59.102,2:33:02.138 And generally, we're dealing[br]with regulations that were three 2:33:02.138,2:33:05.809 to ten years behind the[br]time trying to drag them 2:33:05.809,2:33:10.614 into current circumstance,[br]and it was inevitable. 2:33:10.614,2:33:14.918 The process of regulation[br]doesn't work well 2:33:14.918,2:33:17.954 with a forward-looking[br]rapidly evolving internet. 2:33:17.954,2:33:22.559 So, when we start[br]thinking about-- 2:33:22.559,2:33:27.764 about the non-governmental[br]nature of the internet, 2:33:27.764,2:33:31.635 as the internet grows up, we[br]find ourselves in a conundrum 2:33:31.635,2:33:35.038 because the internet[br]is no longer optional. 2:33:35.038,2:33:38.108 The internet is intwined[br]in everyone's life. 2:33:38.108,2:33:40.910 Governments are looking at[br]their economies and going, 2:33:40.910,2:33:44.748 "Some percentage of my[br]economy is tied to this?" 2:33:44.748,2:33:47.517 You can say I have a choices[br]to whether or not I'm going 2:33:47.517,2:33:49.486 to participate but I don't. 2:33:49.486,2:33:51.655 I have to be involved. 2:33:51.655,2:33:55.025 So, governments are now[br]realizing they have no choice, 2:33:55.025,2:33:56.426 they need to be involved. 2:33:56.426,2:33:59.296 They look at their duties,[br]their responsibilities. 2:33:59.296,2:34:01.898 And they go, "How do I[br]affect what I'm required 2:34:01.898,2:34:03.900 to do in this new media?" 2:34:03.900,2:34:08.571 And it's a big challenge,[br]folks, because the protocols 2:34:08.571,2:34:11.074 and the operational conventions 2:34:11.074,2:34:13.643 that hold the internet[br]together have to be global. 2:34:13.643,2:34:16.613 They have to interoperate[br]on global basis. 2:34:16.613,2:34:18.481 But governments are[br]used to acting 2:34:18.481,2:34:22.385 on a national basis[br]occasionally regional, 2:34:22.385,2:34:26.122 occasionally bilateral,[br]multilateral, but generally, 2:34:26.122,2:34:28.158 they act on a national basis 2:34:28.158,2:34:31.895 and you can easily break[br]the internet by attempting 2:34:31.895,2:34:35.432 to regulate it without the[br]idea of a global context 2:34:35.432,2:34:36.766 in which it operates in. 2:34:36.766,2:34:38.301 This is really what's[br]been opened 2:34:38.301,2:34:39.302 up in the last five years. 2:34:39.302,2:34:40.637 In the last five years, 2:34:40.637,2:34:42.772 governments are realizing[br]they do need to get involved, 2:34:42.772,2:34:44.374 they don't understand[br]the framework 2:34:44.374,2:34:46.476 by which they can do so safely. 2:34:46.476,2:34:50.747 In general, this has resulted[br]to not much regulation 2:34:50.747,2:34:53.650 but that's not necessarily going[br]to be the case going forward. 2:34:53.650,2:34:57.187 And it's-- the internet[br]community and I say 2:34:57.187,2:35:00.256 that being the operators,[br]the various entities 2:35:00.256,2:35:01.458 that operate pieces 2:35:01.458,2:35:04.894 of the infrastructure[br]aren't exactly forthcoming 2:35:04.894,2:35:06.696 to government saying, "Here, 2:35:06.696,2:35:09.099 this is how to safely[br]regulate the internet. 2:35:09.099,2:35:11.334 That guide book has[br]not been written." 2:35:11.334,2:35:15.004 And so, without a meeting[br]of the minds on this topic, 2:35:15.004,2:35:18.875 we run the risk that governments[br]are going to make regulations 2:35:18.875,2:35:21.978 that make no sense or break[br]portions of the internet. 2:35:21.978,2:35:24.080 Until this an understood[br]common framework 2:35:24.080,2:35:26.616 for this, we're all at risk. 2:35:26.616,2:35:29.219 >> Lynn, do you wanted to talk? 2:35:29.219,2:35:32.188 >> Yeah, very good comments[br]both from Laura and John, 2:35:32.188,2:35:35.158 and I just want to make sure[br]that we're left with a myth here 2:35:35.158,2:35:36.693 that much of the internet[br]committee believes 2:35:36.693,2:35:38.528 that there's no rule[br]for governments. 2:35:38.528,2:35:40.230 We've been engaging[br]with governments 2:35:40.230,2:35:43.500 and certainly we could have[br]done it better over the years. 2:35:43.500,2:35:45.402 But, you know, for many, 2:35:45.402,2:35:48.671 many years when ISOC had a very[br]small staff of seven people, 2:35:48.671,2:35:51.841 I was going to [inaudible][br]and spending weeks 2:35:51.841,2:35:54.644 because you don't go to United[br]Nations meeting for two days, 2:35:54.644,2:35:56.679 you'd go for two[br]and three weeks. 2:35:56.679,2:35:58.648 That's a significant investment, 2:35:58.648,2:36:00.483 and we went because[br]we wanted people 2:36:00.483,2:36:03.787 to understand how the[br]internets actually worked. 2:36:03.787,2:36:06.322 And I-- it's like a slight[br]disagreement with John 2:36:06.322,2:36:09.793 and nobody has the answer[br]but how we regulate for a lot 2:36:09.793,2:36:11.327 of this new environments. 2:36:11.327,2:36:13.797 It's not because we think[br]there should be no regulations 2:36:13.797,2:36:15.465 because we can't[br]figure out what sort 2:36:15.465,2:36:17.367 of regulation there should be. 2:36:17.367,2:36:20.403 And to John's other point,[br]it is because of the pace 2:36:20.403,2:36:22.472 with which the internet changes. 2:36:22.472,2:36:23.907 And it is to the fact[br]that it has broken 2:36:23.907,2:36:25.108 so many global boundaries. 2:36:25.108,2:36:28.211 You can do it within[br]any single context. 2:36:28.211,2:36:30.079 So, it is a very,[br]very complex world. 2:36:30.079,2:36:34.984 And we continue to advocate for[br]dialogue discussion, thoughtful, 2:36:34.984,2:36:36.619 let it take the time it needs. 2:36:36.619,2:36:40.123 We need to pull apart lots[br]of different complexities 2:36:40.123,2:36:42.025 and let the right thing emerge. 2:36:42.025,2:36:43.860 That is not the same[br]as saying no rule 2:36:43.860,2:36:46.729 for governments but[br]it often gets-- 2:36:46.729,2:36:49.666 >> And another dimension of[br]this is not all governments are 2:36:49.666,2:36:51.034 the same. 2:36:51.034,2:36:56.706 Because you can talk about China[br]being a pretty malign force 2:36:56.706,2:37:00.043 in terms of internet freedom[br]to say nothing of Iran 2:37:00.043,2:37:03.980 which uses the internet to roll[br]up all networks of descent, 2:37:03.980,2:37:05.882 where in Tahrir Square, 2:37:05.882,2:37:09.886 the internet is a[br]mechanism for expression. 2:37:09.886,2:37:12.689 So, part of it, you can-- 2:37:12.689,2:37:15.024 part of the problem[br]is government even 2:37:15.024,2:37:17.827 as a concept is subject to[br]many different definitions. 2:37:17.827,2:37:19.028 Yeah. 2:37:19.028,2:37:20.763 >> It is Steve but that's[br]probably why the western 2:37:20.763,2:37:26.302 governments that operate[br]in democracies with legal 2:37:26.302,2:37:28.538 and constitutional frameworks 2:37:28.538,2:37:31.341 that it's particularly[br]important. 2:37:31.341,2:37:34.210 And one of the reasons people[br]are particularly unhappy 2:37:34.210,2:37:37.146 about this particular[br]surveillance is if we're trying 2:37:37.146,2:37:39.482 to come up with this[br]nuanced role 2:37:39.482,2:37:41.618 about where government belongs, 2:37:41.618,2:37:43.987 we haven't exactly[br]sent the right message 2:37:43.987,2:37:45.188 to the rest of the world. 2:37:45.188,2:37:47.423 And I think that's part[br]of the problem here. 2:37:47.423,2:37:50.393 >> I just want to offer a[br]kind of a friendly amendment, 2:37:50.393,2:37:52.662 I hope to John's view, you know. 2:37:52.662,2:37:56.633 I think John correctly[br]points out that attempting 2:37:56.633,2:37:59.836 to regulate the internet[br]infrastructure whether it's the 2:37:59.836,2:38:02.105 institutions that[br]operate and design it 2:38:02.105,2:38:06.042 or the actual operators[br]is very [inaudible] 2:38:06.042,2:38:08.478 because it changes[br]very quickly and it has 2:38:08.478,2:38:09.746 to work on a global basis. 2:38:09.746,2:38:11.915 That was the experience of the-- 2:38:11.915,2:38:14.551 of SOPA, the Stop[br]Online Privacy Act, 2:38:14.551,2:38:18.721 was that policymakers[br]thought they could reach in-- 2:38:18.721,2:38:19.422 >> Piracy. 2:38:19.422,2:38:21.057 >> -- sorry, Piracy Act. 2:38:21.057,2:38:22.559 >> [Inaudible] is the stop-- 2:38:22.559,2:38:23.993 >> That's right. 2:38:23.993,2:38:27.430 Thank you, thank you, thank you. 2:38:27.430,2:38:29.999 Right, you know, governments[br]thought they could reach 2:38:29.999,2:38:32.602 in to the internet[br]infrastructure 2:38:32.602,2:38:34.304 to solve a problem[br]that is really 2:38:34.304,2:38:37.473 about human behavior[br]and violating laws. 2:38:37.473,2:38:40.843 However, at the same time[br]there are plenty of legal rules 2:38:40.843,2:38:44.881 that actually work incredibly[br]well on the internet. 2:38:44.881,2:38:48.117 You know, the FTC is still using[br]the Fair Credit Reporting Act 2:38:48.117,2:38:51.054 from 1970 which was one[br]of our first piracy laws 2:38:51.054,2:38:54.691 in United States to stop very[br]advanced sophisticated online 2:38:54.691,2:38:56.292 services from harming people. 2:38:56.292,2:38:58.394 That's not causing[br]John any problems. 2:38:58.394,2:39:01.030 He's not-- he [inaudible][br]even think about it. 2:39:01.030,2:39:08.338 And so I think there's-- I think[br]that it's when governments try 2:39:08.338,2:39:10.173 to do this sort of[br]shortcuts that they were used 2:39:10.173,2:39:12.642 to doing is you were suggesting[br]with the broadcasters, you know, 2:39:12.642,2:39:14.978 say, "You guys have to behave[br]this way in order for us 2:39:14.978,2:39:16.813 to achieve a broader[br]policy goal." 2:39:16.813,2:39:18.848 That's where we really[br]have problems 2:39:18.848,2:39:20.583 in the internet environment. 2:39:20.583,2:39:25.822 >> You know, number of you have[br]used the word privacy as a value 2:39:25.822,2:39:29.292 and as a very curious[br][phonetic] value. 2:39:29.292,2:39:32.195 But I want you to[br]play with the idea 2:39:32.195,2:39:34.297 that perhaps we're[br]actually really ambivalent 2:39:34.297,2:39:37.767 about the question of privacy[br]because in fact in many ways, 2:39:37.767,2:39:43.940 the wide availability of data is[br]actually an enormous convenient. 2:39:43.940,2:39:46.843 Every time you go to[br]a website and you put 2:39:46.843,2:39:49.779 in your e-mail address[br]and up comes your password 2:39:49.779,2:39:52.048 and all your credit[br]card information 2:39:52.048,2:39:54.984 and at one stop shopping[br]at Amazon, right? 2:39:54.984,2:39:58.821 We all love it but isn't that-- 2:39:58.821,2:40:01.024 >> But we've made a decision[br]to share that with them, so. 2:40:01.024,2:40:01.724 >> Well-- 2:40:01.724,2:40:02.792 >> Wait just a minute. 2:40:02.792,2:40:04.861 I want a-- I want a--[br]I understand that. 2:40:04.861,2:40:08.798 But I want to pose a question[br]about whether at some point, 2:40:08.798,2:40:11.534 aren't we really ambivalent[br]about this question 2:40:11.534,2:40:17.173 that we actually like people[br]to have information about us 2:40:17.173,2:40:20.610 when it serves our purposes of[br]convenience and accessibility. 2:40:20.610,2:40:22.945 And that there was a certain-- 2:40:22.945,2:40:25.214 I understand your[br]point about voluntary. 2:40:25.214,2:40:27.650 But this will mark [phonetic][br]a point here as well. 2:40:27.650,2:40:29.752 >> I think part of[br]the problem is-- 2:40:29.752,2:40:32.088 is the public is[br]realizing that the people 2:40:32.088,2:40:34.357 that are storing the[br]information that we give 2:40:34.357,2:40:37.827 to them aren't doing a good[br]a job in protecting it. 2:40:37.827,2:40:39.962 I could go to my local bank--[br]I grew up in Falls Church. 2:40:39.962,2:40:42.098 I used to go to the local[br]First Virginia Bank right there 2:40:42.098,2:40:43.232 in Falls Church. 2:40:43.232,2:40:45.068 I gave them all my[br]information when I opened 2:40:45.068,2:40:47.170 up my first account[br]when I was a teenager. 2:40:47.170,2:40:49.539 And I had a reasonable[br]expectation 2:40:49.539,2:40:51.107 that the only way they[br]were going to get that-- 2:40:51.107,2:40:53.409 anybody else is going to[br]get that information was 2:40:53.409,2:40:56.713 if they actually went in and[br]rob the bank and stole the file, 2:40:56.713,2:40:59.048 you know, the file[br]cabinet or whatever. 2:40:59.048,2:41:00.717 >> Or if anyone in the[br]government wanted it? 2:41:00.717,2:41:02.318 >> Or if anyone in the[br]government want it? 2:41:02.318,2:41:04.754 I mean that-- I mean[br]that, you know, that-- 2:41:04.754,2:41:05.588 that's a reasonable thing. 2:41:05.588,2:41:07.056 But nowadays when we find 2:41:07.056,2:41:09.992 out that you have all these[br]massive data leaks, you know, 2:41:09.992,2:41:13.096 and when you examine[br]the root cause of what-- 2:41:13.096,2:41:15.565 what the leak was from[br]a tactical standpoint, 2:41:15.565,2:41:17.900 I should have been[br]fixed 15 years ago. 2:41:17.900,2:41:22.238 You know, some of these attacks,[br]I do a talk now if they ask me, 2:41:22.238,2:41:24.741 you know, I guess it's because[br]I had gray hair and I've been 2:41:24.741,2:41:26.943 in the security business[br]for 20 years. 2:41:26.943,2:41:29.011 I think I noticed something 2:41:29.011,2:41:32.648 but I do [inaudible][br]that the contract-- 2:41:32.648,2:41:33.750 >> It's because of the ponytail. 2:41:33.750,2:41:35.151 >> I think it is. 2:41:35.151,2:41:37.086 You know, it's the-- it's the[br]same attack methods that we saw 2:41:37.086,2:41:41.157 in the early '90s are[br]still effective in 2013. 2:41:41.157,2:41:44.494 And so my question to the[br]technical community was, 2:41:44.494,2:41:47.764 what have we been doing[br]this last 20 years? 2:41:47.764,2:41:53.035 I mean, you know, I in the SANS[br]Institute that I was a part of, 2:41:53.035,2:41:56.672 we drew up a top[br]ten threats in 2001. 2:41:56.672,2:42:00.810 I pulled it out and today[br]in 2013, every single one 2:42:00.810,2:42:05.181 of those top ten threats from[br]2001 is still affecting today. 2:42:05.181,2:42:07.850 So, what have we been[br]doing to protect ourselves? 2:42:07.850,2:42:09.218 And I think it's that type 2:42:09.218,2:42:13.322 of thing that's causing this[br]rumble about, you know, well, 2:42:13.322,2:42:15.491 private industry isn't[br]doing anything about it, 2:42:15.491,2:42:17.493 individuals aren't[br]doing anything about it. 2:42:17.493,2:42:19.629 So, that only leaves[br]a government 2:42:19.629,2:42:22.331 to do something about[br]it, you know. 2:42:22.331,2:42:25.301 And so I think that's why[br]we're seeing that pushing 2:42:25.301,2:42:27.670 that direction, 'cause[br]historically when you look 2:42:27.670,2:42:30.840 at it, the same things[br]are still affecting us, 2:42:30.840,2:42:33.342 it's just that what's[br]happening now is back in 2001, 2:42:33.342,2:42:37.013 the scope of a data breach[br]was much less than the scope 2:42:37.013,2:42:38.014 of the data breach now. 2:42:38.014,2:42:39.048 >> Sure, sure. 2:42:39.048,2:42:40.016 >> And just one last[br]aside [phonetic]. 2:42:40.016,2:42:41.050 The iPhone, I think,[br]I looked it up, 2:42:41.050,2:42:43.586 is five years old[br]today-- this year. 2:42:43.586,2:42:47.690 So, to answer your question[br]about why the difference from-- 2:42:47.690,2:42:49.091 >> Hold on just a second. 2:42:49.091,2:42:50.493 John and Leslie, you want a-- is[br]there a point you wanted to make 2:42:50.493,2:42:52.962 about the voluntary[br]submission of data. 2:42:52.962,2:42:54.697 >> I don't think so. 2:42:54.697,2:42:58.234 I think every point has been[br]made by everybody quite well. 2:42:58.234,2:42:59.669 >> OK. John? 2:42:59.669,2:43:03.306 >> You thought-- say that maybe[br]people don't value privacy 2:43:03.306,2:43:06.809 over convenience, and that[br]that we give up privacy 2:43:06.809,2:43:10.146 and there's no outrage[br]about that. 2:43:10.146,2:43:12.815 Why is there an outrage[br]in some cases? 2:43:12.815,2:43:15.117 And I guess the question[br]that comes up is, 2:43:15.117,2:43:18.120 a lot of people voluntarily[br]give up privacy 2:43:18.120,2:43:19.755 because we want the convenience. 2:43:19.755,2:43:22.091 We want to click the button[br]and get the order done. 2:43:22.091,2:43:24.293 We want the website[br]to know who we are. 2:43:24.293,2:43:26.195 We want to fill out[br]all the information 2:43:26.195,2:43:30.233 on the airline profile because[br]it just makes traveling a little 2:43:30.233,2:43:31.868 easier and anything[br]that makes it easier-- 2:43:31.868,2:43:34.303 >> And who can not remember all[br]those damn passwords anyway, 2:43:34.303,2:43:35.271 right? 2:43:35.271,2:43:36.806 >> So there are times[br]we do that. 2:43:36.806,2:43:40.109 But the reality is that there's[br]also times when you consent 2:43:40.109,2:43:43.846 to losing your privacy[br]in situations that aren't 2:43:43.846,2:43:46.582 for your convenience but[br]you're going to anyway. 2:43:46.582,2:43:47.950 Next time you're[br]going to your doctor, 2:43:47.950,2:43:51.153 pick up that HIPAA form[br]and look at it, OK? 2:43:51.153,2:43:53.890 It says, "We're going to[br]share your data with the CDC 2:43:53.890,2:43:55.925 because if there's an[br]outbreak of something, 2:43:55.925,2:43:57.693 we're going to do that, OK?" 2:43:57.693,2:44:00.096 It's not for my convenience,[br]hopefully, I'm not relevant, 2:44:00.096,2:44:02.598 but the fact is they're[br]going to do what-- 2:44:02.598,2:44:06.135 and we consent with because[br]well, we knew about it. 2:44:06.135,2:44:07.370 We understand-- 2:44:07.370,2:44:08.771 >> And there's a public[br]interest involved because-- 2:44:08.771,2:44:12.275 >> There's a public[br]interest but also as annoying 2:44:12.275,2:44:15.177 as that form is, they[br]took the time to tell us. 2:44:15.177,2:44:17.480 I do think that's a[br]different question 2:44:17.480,2:44:19.181 when there's surveillance[br]is going on 2:44:19.181,2:44:20.917 and you don't know[br]about it at all. 2:44:20.917,2:44:25.021 And I think that might be the[br]angst behind a lot of this. 2:44:25.021,2:44:26.155 >> Leslie? 2:44:26.155,2:44:27.456 >> Well, I also think[br]that there's difference 2:44:27.456,2:44:30.393 between surveillance[br]by the government 2:44:30.393,2:44:33.729 and surveillance by companies. 2:44:33.729,2:44:35.898 I mean I think they've[br]become more joined together 2:44:35.898,2:44:39.101 because they are now the[br]source of all the information 2:44:39.101,2:44:40.403 that the government[br]is collecting. 2:44:40.403,2:44:43.439 But I think at least in[br]the constitutional system, 2:44:43.439,2:44:46.042 not in Europe where they're[br]making a distinction. 2:44:46.042,2:44:51.847 Having that government who has[br]the capacity to impose penalties 2:44:51.847,2:44:59.155 on people and make choices about[br]who is going to be prosecuted, 2:44:59.155,2:45:03.859 et cetera, is entirely different[br]matter than whether I like 2:45:03.859,2:45:05.428 or disliked it, you know, 2:45:05.428,2:45:08.731 Google Profiles keep[br]sending me the same crib 2:45:08.731,2:45:11.600 for my pregnant daughter[br]over and over again. 2:45:11.600,2:45:14.403 I'm annoyed, I'm[br]extremely annoyed. 2:45:14.403,2:45:15.638 But I also think-- 2:45:15.638,2:45:17.039 >> They knew she was[br]pregnant before she did, yes? 2:45:17.039,2:45:18.107 >> Yes. 2:45:18.107,2:45:19.308 >> Well, they probably[br]did, but they knew 2:45:19.308,2:45:21.277 that I did this thing once[br]and it's following the-- 2:45:21.277,2:45:23.512 it's literally following[br]me around the world. 2:45:23.512,2:45:24.947 I mean it's became[br]kind of a joke. 2:45:24.947,2:45:28.250 But I find that annoying and[br]I'm somebody who knows how 2:45:28.250,2:45:29.819 to set my privacy settings. 2:45:29.819,2:45:33.889 So, you know, in one-- in[br]one circumstance it's a loss 2:45:33.889,2:45:37.393 of some measure of control,[br]we ought to have more control, 2:45:37.393,2:45:39.762 it's one of the reasons we[br]ought to have a baseline build 2:45:39.762,2:45:42.498 to give us some fair[br]information practices. 2:45:42.498,2:45:46.869 In the other, you know, the[br]government has the capacity 2:45:46.869,2:45:49.271 to make very important[br]decisions about us. 2:45:49.271,2:45:53.309 And we have a constitution that[br]says they have to follow rules. 2:45:53.309,2:45:59.548 And so we do react differently[br]to the crib and to the NSA. 2:45:59.548,2:46:00.683 >> Yeah. 2:46:00.683,2:46:04.987 >> The one thing I would[br]say about our tension 2:46:04.987,2:46:09.358 between convenience and[br]privacy is-- I just think that-- 2:46:09.358,2:46:14.296 I think privacy has always been[br]a kind of a contested concept. 2:46:14.296,2:46:15.865 I mean, it's not an absolute. 2:46:15.865,2:46:18.300 I don't think there's[br]anyone hardly in the world 2:46:18.300,2:46:21.670 who thinks it's-- it's[br]an absolute condition. 2:46:21.670,2:46:23.572 But we know, as Leslie[br]is saying, 2:46:23.572,2:46:26.709 we have different[br]privacy expectations. 2:46:26.709,2:46:30.346 We want different privacy[br]results at different times. 2:46:30.346,2:46:34.016 And some of the-- some[br]of the privacy promise 2:46:34.016,2:46:35.484 that we have [inaudible] 2:46:35.484,2:46:38.454 like seeing the same[br]crib too many times. 2:46:38.454,2:46:40.923 Others have real consequence 2:46:40.923,2:46:42.291 like if you're credit[br]report is wrong 2:46:42.291,2:46:44.293 and you can't get a mortgage,[br]you're really, you know, 2:46:44.293,2:46:46.529 it really-- or you don't[br]get a job, you know, 2:46:46.529,2:46:47.730 it really makes a difference. 2:46:47.730,2:46:52.701 And I think that-- I think[br]in a way the phrase-- 2:46:52.701,2:46:54.703 I think categorizing privacy 2:46:54.703,2:46:58.007 as a single right is what[br]makes the conversation a little 2:46:58.007,2:47:00.476 confused because it-- the[br]reality is it's a number 2:47:00.476,2:47:02.845 of concerns wrapped up into one. 2:47:02.845,2:47:06.882 >> But in this day and age,[br]isn't it a little naive to say, 2:47:06.882,2:47:08.984 I'm going to give my[br]information to Amazon? 2:47:08.984,2:47:11.087 Or I'm going to give my[br]information to Google 2:47:11.087,2:47:14.824 for my own purposes because I[br]choose to, and somehow I'm going 2:47:14.824,2:47:16.959 to be able to control-- 2:47:16.959,2:47:17.993 >> Oh, yes. 2:47:17.993,2:47:19.829 >> -- all the use[br]of that information. 2:47:19.829,2:47:21.630 >> Yeah, that's not--[br]that's not doable, 2:47:21.630,2:47:24.033 and I don't think any[br]privacy law we would pass 2:47:24.033,2:47:27.803 in this country would[br]change that. 2:47:27.803,2:47:29.238 >> It is naive but I think-- 2:47:29.238,2:47:33.542 I think the problem is I don't[br]mind giving you any information 2:47:33.542,2:47:37.179 you ask about me if you tell me[br]ahead of time what you're going 2:47:37.179,2:47:38.380 to do with that information. 2:47:38.380,2:47:40.816 So, what John was talking[br]about in the HIPAA thing 2:47:40.816,2:47:43.853 when they say, "We're going[br]to give it out to the CDC," 2:47:43.853,2:47:46.655 and you tell me ahead of[br]time before I give you 2:47:46.655,2:47:48.724 that information, that's much-- 2:47:48.724,2:47:51.927 that's a much different[br]environment than giving it here 2:47:51.927,2:47:54.563 and then buried in [inaudible][br]fine print is a little click 2:47:54.563,2:47:55.764 thing that says,[br]"Oh, by the way, 2:47:55.764,2:47:57.500 we're going to just give[br]this to anybody we want." 2:47:57.500,2:47:59.235 >> We only have few[br]minutes, and I want to-- 2:47:59.235,2:48:02.771 you've mentioned out, a number[br]of you, the fact that we're-- 2:48:02.771,2:48:06.308 we're dealing with a very[br]complex system as Laura said 2:48:06.308,2:48:08.310 with a lot of stakeholders here. 2:48:08.310,2:48:13.015 And one of the stakeholders are[br]these providers whether it's 2:48:13.015,2:48:18.220 Google, whether it's Yahoo,[br]who take that information. 2:48:18.220,2:48:20.389 They don't warn you in some[br]ways that they're going 2:48:20.389,2:48:23.259 to give it away because they're[br]not voluntarily giving it away. 2:48:23.259,2:48:24.393 They're being subpoenaed, 2:48:24.393,2:48:26.295 they're being ordered[br]to by the government. 2:48:26.295,2:48:27.296 And they are caught. 2:48:27.296,2:48:29.765 We have-- this institution, 2:48:29.765,2:48:33.536 these huge institutions[br]are private institutions, 2:48:33.536,2:48:34.970 but as we've learned[br]through PRISM 2:48:34.970,2:48:39.909 and all the revelation[br]subject to government orders 2:48:39.909,2:48:42.244 and government warrants. 2:48:42.244,2:48:45.814 And many of them are fighting[br]this at least fighting 2:48:45.814,2:48:49.552 to be able to be more[br]transparent because they have-- 2:48:49.552,2:48:51.620 they're stakeholders, too. 2:48:51.620,2:48:54.523 And-- and they are worried[br]that their brands are going 2:48:54.523,2:48:57.059 to be tarnished by[br]being swept up in this. 2:48:57.059,2:48:59.562 And to talk a little bit[br]about the special role 2:48:59.562,2:49:02.097 of this institution, these[br]intermediary institutions, 2:49:02.097,2:49:04.867 the Apples, the Microsofts,[br]the Googles who are 2:49:04.867,2:49:06.869 on one hand are getting[br]pulled by the government 2:49:06.869,2:49:08.270 to release information. 2:49:08.270,2:49:10.940 On the other hand, they're being[br]pressured to keep it private. 2:49:10.940,2:49:12.041 >> Yeah. 2:49:12.041,2:49:14.877 >> Yeah, that's a really[br]important question. 2:49:14.877,2:49:18.781 And if you look at-- Let me[br]just back it up to before PRISM. 2:49:18.781,2:49:21.951 If you look at even just the[br]Google transparency reports 2:49:21.951,2:49:24.353 which probably don't have[br]everything and I think 2:49:24.353,2:49:27.723 and even Google says that[br]national security isn't-- 2:49:27.723,2:49:30.459 not everything is reflected[br]in the transparency reports. 2:49:30.459,2:49:32.428 But when you do look[br]at something like that, 2:49:32.428,2:49:34.430 you can see that there[br]is a very big disconnect 2:49:34.430,2:49:36.966 between what governments[br]are asking information 2:49:36.966,2:49:40.102 intermediaries to do and[br]what they actually do. 2:49:40.102,2:49:43.706 So, you can see that--[br]just to give an example. 2:49:43.706,2:49:49.411 Maybe they disclosed data about[br]an individual in 37 percent, 2:49:49.411,2:49:53.816 37 percent of the time in--[br]to the Brazilian government 2:49:53.816,2:49:56.685 or 47 percent of the time[br]to another government. 2:49:56.685,2:49:58.087 Do you see what I'm saying? 2:49:58.087,2:50:01.223 There is a disconnect in that[br]differential between the request 2:50:01.223,2:50:04.260 to turn over user data[br]and the actual instances 2:50:04.260,2:50:05.494 of turning over the data. 2:50:05.494,2:50:09.064 That's where they have this[br]special governance role. 2:50:09.064,2:50:10.933 And that's an important[br]point the make. 2:50:10.933,2:50:15.938 But they also bear a burden[br]in carrying out a request 2:50:15.938,2:50:18.207 such as the more[br]recent revelations 2:50:18.207,2:50:20.843 because there is a[br]public relations hit. 2:50:20.843,2:50:25.648 There is the cost of hiring[br]numerous attorneys to deal 2:50:25.648,2:50:27.316 with the fallout from this. 2:50:27.316,2:50:29.485 And there's the possible[br]economic impact 2:50:29.485,2:50:32.755 of having trouble doing business[br]in other parts of the world 2:50:32.755,2:50:35.924 that might be suspicious[br]towards those companies. 2:50:35.924,2:50:39.194 >> Yeah, you might be thanking--[br]they might be thanking Snowden 2:50:39.194,2:50:41.563 for the revelations[br]because and, of course, 2:50:41.563,2:50:44.600 by the national security[br]letters. 2:50:44.600,2:50:45.734 They're not allowed to-- 2:50:45.734,2:50:48.304 to let anyone know that[br]they collected the data. 2:50:48.304,2:50:49.805 So, now on the other[br]hand, you have the-- 2:50:49.805,2:50:51.707 the Snowden revelations[br]which were saying, "Hey, 2:50:51.707,2:50:53.976 these guys had to[br]give out the data". 2:50:53.976,2:50:56.812 So, you know, and[br]now that's come out. 2:50:56.812,2:50:58.580 What they should have[br]said is instead of trying 2:50:58.580,2:50:59.648 to back [inaudible][br]been saying, "You know, 2:50:59.648,2:51:01.717 trying to save their[br]reputation." 2:51:01.717,2:51:03.018 We said, "Look, you[br]got subpoenaed, 2:51:03.018,2:51:04.086 we know you got subpoenaed, 2:51:04.086,2:51:07.089 you gave up the data[br]because it's a law." 2:51:07.089,2:51:11.760 But I think that that[br]piece of it is the secrecy, 2:51:11.760,2:51:15.964 not being able to say why[br]something was collected, 2:51:15.964,2:51:18.567 you know, and not being able[br]to even say anything about it. 2:51:18.567,2:51:19.835 Lesley? 2:51:19.835,2:51:23.706 >> Well, the question raised[br]is this bigger question 2:51:23.706,2:51:27.576 when we talk about players[br]in the internet echo system. 2:51:27.576,2:51:31.413 The intermediaries[br]are a critical part. 2:51:31.413,2:51:35.584 And we have-- under our law, we[br]sort of provide them with a lot 2:51:35.584,2:51:39.455 of special protections[br]because they can't be liable 2:51:39.455,2:51:42.524 for everything that's going[br]on in their platforms. 2:51:42.524,2:51:44.526 And yet there under[br]enormous pressure, 2:51:44.526,2:51:50.265 this national security[br]revelation is one small piece 2:51:50.265,2:51:53.502 of this very complex[br]environment where when you ask 2:51:53.502,2:51:57.339 about governments and government[br]is trying to regulate, 2:51:57.339,2:52:01.944 the first place that governments[br]go in trying to solve anything, 2:52:01.944,2:52:05.013 a social problem is to[br]try to figure out how 2:52:05.013,2:52:08.283 to get the intermediaries to[br]take on that responsibility. 2:52:08.283,2:52:11.620 So, this has been sort of[br]a tension that's existed 2:52:11.620,2:52:15.858 since we actually had any[br]kind of powerful intermediary. 2:52:15.858,2:52:18.527 So, that's one side, and the[br]other side is the amounts 2:52:18.527,2:52:21.163 of power they have as[br]a governance entity 2:52:21.163,2:52:22.831 to set the rules of[br][inaudible] for the internet. 2:52:22.831,2:52:24.032 And so-- 2:52:24.032,2:52:25.801 >> And one of the[br]interesting variables here is, 2:52:25.801,2:52:28.737 I noticed just recently that[br]several of the big players, 2:52:28.737,2:52:30.939 Microsoft, Google, Yahoo, 2:52:30.939,2:52:33.575 I think three have[br]all filed suit-- 2:52:33.575,2:52:34.877 >> Right. 2:52:34.877,2:52:38.080 >> -- in an attempt to be[br]able to be more transparent 2:52:38.080,2:52:40.883 about the role and the-- and[br]the requirements they're under. 2:52:40.883,2:52:43.185 I think in part because of[br]the point Laura was raising 2:52:43.185,2:52:46.955 that they themselves, given the[br]culture that they're part of 2:52:46.955,2:52:48.857 and the stakeholders they have, 2:52:48.857,2:52:52.060 they are taking a big public[br]relations in branding hit 2:52:52.060,2:52:53.162 for this kind of cooperation. 2:52:53.162,2:52:55.063 >> And they also have[br]real leverage here 2:52:55.063,2:52:58.600 which they have exercised[br]on occasion, you know. 2:52:58.600,2:53:02.838 Many of the big intermediaries[br]Google, Twitter, 2:53:02.838,2:53:06.975 others have at times gone to[br]court to challenge subpoenas 2:53:06.975,2:53:09.144 and other kinds of court[br]orders they receive saying 2:53:09.144,2:53:10.345 that they're too broad. 2:53:10.345,2:53:11.780 I mean, Google had been-- 2:53:11.780,2:53:15.617 had been under order to[br]turnover large volumes 2:53:15.617,2:53:17.686 of search log data, this[br]was just a criminal case, 2:53:17.686,2:53:18.287 it's not [inaudible] cases. 2:53:18.287,2:53:19.555 >> Right. 2:53:19.555,2:53:20.923 >> And they've challenged[br]those and they, you know, 2:53:20.923,2:53:24.126 so the intermediaries have[br]a really important role 2:53:24.126,2:53:26.829 because at least until[br]there's a change in the law, 2:53:26.829,2:53:29.865 they are often the only ones[br]who can actually bring any kind 2:53:29.865,2:53:31.400 of challenge to the[br]scope of the-- 2:53:31.400,2:53:34.102 of the authority that the[br]government is claiming. 2:53:34.102,2:53:37.473 >> This is nothing new[br]because in World War II, 2:53:37.473,2:53:41.009 the federal government used to[br]look at the telegraphs at RCA 2:53:41.009,2:53:44.112 and look at the phone system[br]for records and stuff like that. 2:53:44.112,2:53:46.448 I mean what's changed[br]is the number of players 2:53:46.448,2:53:48.550 because back then it was[br]just those two, I suppose, 2:53:48.550,2:53:49.885 plus maybe some minors. 2:53:49.885,2:53:51.220 Now you have you know multi-- 2:53:51.220,2:53:53.255 multinational groups[br]all over the place. 2:53:53.255,2:53:56.725 But the technique, I mean,[br]the tactic of government going 2:53:56.725,2:54:01.964 to a provider and getting the[br]information they need, it's-- 2:54:01.964,2:54:03.098 it's [inaudible] been there. 2:54:03.098,2:54:04.733 >> I would assume the[br]Egyptian government did 2:54:04.733,2:54:07.102 that when the communications[br]were chiseled, you know, 2:54:07.102,2:54:08.637 letters chiseled[br]on stone tablets. 2:54:08.637,2:54:11.206 >> I'm going to-- We[br]have five minutes left. 2:54:11.206,2:54:13.709 I'm going to give each[br]you one minute to-- 2:54:13.709,2:54:14.776 we've had a long day, 2:54:14.776,2:54:18.080 very attentive audience,[br]lot of issues. 2:54:18.080,2:54:23.385 But I want to give each of you[br]a chance to make a final point 2:54:23.385,2:54:25.120 after this conversation. 2:54:25.120,2:54:27.322 You started with[br]your initial remarks. 2:54:27.322,2:54:29.691 But what do you want the[br]audience to be left with? 2:54:29.691,2:54:33.562 What-- in each of your mind[br]is something significant we've 2:54:33.562,2:54:36.164 talked about today, an issue[br]that you want to reinforce? 2:54:36.164,2:54:37.866 I want to give each you[br]a chance to do that, 2:54:37.866,2:54:39.601 and since we've started[br]with you earlier, 2:54:39.601,2:54:43.572 I'll start with you this[br]way and we'll go down. 2:54:43.572,2:54:47.376 >> So as contentious[br]this processes is, 2:54:47.376,2:54:49.578 I think it's incredibly[br]important, 2:54:49.578,2:54:52.648 the dialogue that's happening[br]in the United States. 2:54:52.648,2:54:57.052 Hopefully, we can do more than[br]just, you know, have battles 2:54:57.052,2:55:00.489 in the newspapers and on panels[br]like this and really look 2:55:00.489,2:55:04.326 at our legal system and make[br]sure that it has the kind 2:55:04.326,2:55:06.595 of accountability[br]that we needed. 2:55:06.595,2:55:09.131 Laura said, you know,[br]the problem here is scale 2:55:09.131,2:55:10.666 and I really agree with that. 2:55:10.666,2:55:11.967 Courts have been good 2:55:11.967,2:55:14.736 at supervising electronic[br]surveillance [inaudible] one 2:55:14.736,2:55:18.373 wiretap on one phone number[br]or a handful of phone numbers. 2:55:18.373,2:55:22.911 The scale of intrusion here is[br]such that we can only manage it 2:55:22.911,2:55:27.516 and have it a proper oversight[br]with using exactly the same kind 2:55:27.516,2:55:29.518 of computational tools[br]and analytic tools 2:55:29.518,2:55:32.454 that are being used by the[br]intelligence agencies to try 2:55:32.454,2:55:34.423 to mind this data to begin with. 2:55:34.423,2:55:38.260 And the one other thing I[br]would just say is, this is-- 2:55:38.260,2:55:40.729 as several people said,[br]this is a global discussion. 2:55:40.729,2:55:48.003 The US is obviously an important[br]part of the internet environment 2:55:48.003,2:55:50.839 but we are not the only[br]country on the internet 2:55:50.839,2:55:55.644 and we do not control the whole[br]internet and I think that just 2:55:55.644,2:55:58.714 as we are examining the behavior[br]of our intelligence agencies, 2:55:58.714,2:56:01.483 I think it's very important[br]that other countries 2:56:01.483,2:56:04.953 that have democratic values[br]that believe in transparency 2:56:04.953,2:56:08.223 and due process really look[br]very hard at their intelligence 2:56:08.223,2:56:10.258 and surveillance[br]practices as well. 2:56:10.258,2:56:11.293 >> Thanks, Dan. 2:56:11.293,2:56:12.394 Lynn. 2:56:12.394,2:56:15.530 >> I guess I'd start with saying 2:56:15.530,2:56:18.467 that everybody's voice is[br]extraordinarily important, 2:56:18.467,2:56:19.601 not only here in the US 2:56:19.601,2:56:21.403 but every individual[br]around the world. 2:56:21.403,2:56:23.805 And we need attention[br]and we need voice 2:56:23.805,2:56:27.676 to every issue whether it's[br]this particular set of issues 2:56:27.676,2:56:31.980 or it's United Nation's[br]expressed interest 2:56:31.980,2:56:34.549 in some portions of[br]the internet ecosystem. 2:56:34.549,2:56:37.753 And I think specific[br]to this issue, 2:56:37.753,2:56:39.821 the only thing I would say is-- 2:56:39.821,2:56:41.890 [inaudible] we're all[br]very interconnected 2:56:41.890,2:56:43.725 and very interdependent. 2:56:43.725,2:56:46.194 And when we think about[br]things such as security 2:56:46.194,2:56:50.198 or managing risk or trying[br]to manage those tradeoffs, 2:56:50.198,2:56:52.367 we actually need[br]to do that in a-- 2:56:52.367,2:56:54.002 with both sides of the dialogue. 2:56:54.002,2:56:56.938 One actually looking at what[br]we can actually do to protect 2:56:56.938,2:57:00.909 and ensure things that[br]support economic prosperity 2:57:00.909,2:57:04.146 and social development[br]while trading off 2:57:04.146,2:57:07.015 against preventing[br]any perceived harm. 2:57:07.015,2:57:10.852 I think we're far too much to[br][inaudible] over in the side 2:57:10.852,2:57:12.821 of preventing perceived harm, 2:57:12.821,2:57:15.223 and that we don't quite[br]have the balanced rate yet. 2:57:15.223,2:57:16.625 >> Laura. 2:57:16.625,2:57:22.698 >> I think it's important not to[br]take the stability and success 2:57:22.698,2:57:25.701 and the security of the[br]internet for granted. 2:57:25.701,2:57:29.104 So, we're used to it working for[br]the most part because of efforts 2:57:29.104,2:57:32.274 like John's organization and[br]others and it is working, 2:57:32.274,2:57:36.144 but we also have examples[br]of problems with denial 2:57:36.144,2:57:38.046 of service attacks, examples 2:57:38.046,2:57:40.082 of government is[br]cutting off access, 2:57:40.082,2:57:42.350 examples of interconnection[br]problems. 2:57:42.350,2:57:44.519 We have trends away[br]from interoperability 2:57:44.519,2:57:46.488 which I think is a[br]really big problem. 2:57:46.488,2:57:48.356 We have trends away[br]from anonymity 2:57:48.356,2:57:50.992 which changes the nature of[br]the technical infrastructure. 2:57:50.992,2:57:53.695 So, point one is that we[br]cannot take the stability 2:57:53.695,2:57:54.863 and security for granted. 2:57:54.863,2:57:57.699 It has required a[br]tremendous amount of effort 2:57:57.699,2:58:00.068 on the parts of many,[br]many people. 2:58:00.068,2:58:04.439 And it's something that concerns[br]me everyday when I see some 2:58:04.439,2:58:07.776 of the trends away from[br]interoperability and security 2:58:07.776,2:58:11.747 and interconnection[br]security, basically. 2:58:11.747,2:58:13.115 So, that's point number one. 2:58:13.115,2:58:15.550 The second point[br]is if we believe 2:58:15.550,2:58:19.955 that we have the public sphere[br]in the online environment, 2:58:19.955,2:58:21.990 if we believe that there's[br]a technical mediation 2:58:21.990,2:58:24.292 of the public sphere,[br]then we have to think 2:58:24.292,2:58:25.494 about what that means. 2:58:25.494,2:58:27.095 What does the democracy look 2:58:27.095,2:58:30.699 like when the public[br]sphere is now digital? 2:58:30.699,2:58:35.170 So, we know historically that[br]possibility is for anonymity 2:58:35.170,2:58:37.806 or at least traceable anonymity[br]have been closely linked 2:58:37.806,2:58:39.007 to democracy. 2:58:39.007,2:58:43.645 So, I think it's important[br]to just ask the question 2:58:43.645,2:58:45.280 of what does democracy look 2:58:45.280,2:58:48.817 like when we have this technical[br]mediation of the public sphere 2:58:48.817,2:58:51.319 and the privatization of[br]conditions of civil liberties 2:58:51.319,2:58:55.690 where private companies are[br]getting a request delegated 2:58:55.690,2:58:58.994 from governments or carrying[br]out their own governance 2:58:58.994,2:59:00.362 of these infrastructures. 2:59:00.362,2:59:01.863 So, don't take the[br]internet security 2:59:01.863,2:59:03.765 and instability for granted. 2:59:03.765,2:59:05.801 Remember that we have[br]the technical mediation 2:59:05.801,2:59:07.569 of the public sphere[br]and the privatization 2:59:07.569,2:59:09.171 of conditions of[br]civil liberties. 2:59:09.171,2:59:14.042 And the final point is that[br]internet governance is something 2:59:14.042,2:59:19.381 that is-- that the[br]public can be engaged in. 2:59:19.381,2:59:22.217 We've seen examples of[br]civil society action 2:59:22.217,2:59:27.255 of private action, civil[br]liberties advocates involved 2:59:27.255,2:59:28.990 in decisions about[br]internet governance. 2:59:28.990,2:59:30.826 There are many avenues[br]to do that. 2:59:30.826,2:59:33.495 That the-- I do have an[br]engineering background 2:59:33.495,2:59:35.664 but the technology[br]is not that hard 2:59:35.664,2:59:38.600 that people can learn the[br]technology, learn the issues 2:59:38.600,2:59:41.369 and get engaged in these[br]debates which are very important 2:59:41.369,2:59:43.104 because as goes internet[br]governance, 2:59:43.104,2:59:44.906 so goes internet freedom. 2:59:44.906,2:59:46.908 >> Randy? 2:59:46.908,2:59:51.379 >> All of you here that are[br]attending this panel discussion, 2:59:51.379,2:59:54.249 you all have stake in what[br]we've been talking about. 2:59:54.249,2:59:57.519 And so I would challenge you[br]guys to not only make sure 2:59:57.519,2:59:59.321 that your peers understand[br]what some of the pressures are 2:59:59.321,3:00:00.622 and what some of the[br]pitfalls and what are some 3:00:00.622,3:00:02.023 of the disadvantages are of[br]working with the internet. 3:00:02.023,3:00:07.462 But also, you guys are[br]probably going to be on a track 3:00:07.462,3:00:11.433 where you're going to be[br]working with legislators 3:00:11.433,3:00:13.568 and policy makers[br]and things like that. 3:00:13.568,3:00:16.905 And make sure that they[br]understand the implications 3:00:16.905,3:00:20.408 of whatever it is that they're[br]trying to write up or implement, 3:00:20.408,3:00:23.311 both on the legal side[br]and on the policy side. 3:00:23.311,3:00:27.115 That's to me what I see your[br]contribution to the whole thing. 3:00:27.115,3:00:28.884 It's going to be[br]very incremental. 3:00:28.884,3:00:30.619 It's going to take a long time. 3:00:30.619,3:00:33.021 You know if some people talk[br]about the fact that it's 3:00:33.021,3:00:35.490 like when the automobile was[br]first introduced at the turn 3:00:35.490,3:00:39.261 of the century and it took us[br]25 years to come up with the set 3:00:39.261,3:00:41.162 of laws and procedures[br]to make things work 3:00:41.162,3:00:42.497 when we didn't do that. 3:00:42.497,3:00:44.799 But you guys are the ones that[br]are going to be talking to 3:00:44.799,3:00:48.670 and down the road[br]influencing policy and laws. 3:00:48.670,3:00:51.239 And so, you know,[br]take the challenge, 3:00:51.239,3:00:55.143 do it and influence[br]what you can. 3:00:55.143,3:00:56.177 >> Leslie. 3:00:56.177,3:00:59.080 >> So I'm just going[br]to make one point. 3:00:59.080,3:01:03.051 And that's that those of us[br]who are Americans or people 3:01:03.051,3:01:07.322 in the United States have[br]a voice in this debate 3:01:07.322,3:01:09.257 that we need to exercise. 3:01:09.257,3:01:11.092 But we need to exercise[br]it with more 3:01:11.092,3:01:12.961 than our own rights in mind. 3:01:12.961,3:01:16.965 If-- the interesting thing[br]about the internet and the lack 3:01:16.965,3:01:19.334 of a government control is the-- 3:01:19.334,3:01:23.371 it's also very unclear[br]about who's responsible 3:01:23.371,3:01:29.577 for the human rights of people[br]in the online environment. 3:01:29.577,3:01:33.682 And we-- I think the NSA example[br]that we have data flowing all 3:01:33.682,3:01:37.352 over the world, states[br]have obligations to people 3:01:37.352,3:01:43.758 within their borders, and[br]a few other kinds of places 3:01:43.758,3:01:45.627 that the law has developed. 3:01:45.627,3:01:48.964 We're not sure who has the[br]obligation for the rights 3:01:48.964,3:01:51.399 of internet users in[br]this kind of environment. 3:01:51.399,3:01:56.538 And it's a conversation[br]that really needs to happen 3:01:56.538,3:01:59.007 because the-- our lives,[br]some significant part 3:01:59.007,3:02:03.878 of who we are is now online[br]and flowing through these wires 3:02:03.878,3:02:07.248 and who ultimately is[br]responsible to make sure 3:02:07.248,3:02:10.185 that basic privacy and free[br]expression rights are honored 3:02:10.185,3:02:12.954 has become increasingly complex. 3:02:12.954,3:02:15.657 So, people need to[br]take that on as well. 3:02:15.657,3:02:16.424 >> Last word, John. 3:02:16.424,3:02:20.628 >> It's a global internet. 3:02:20.628,3:02:23.965 There needs to be an[br]equally global discussion 3:02:23.965,3:02:28.203 about the principles[br]by which we operate it. 3:02:28.203,3:02:30.538 And part of what's occurred 3:02:30.538,3:02:34.709 over the last few months will[br]help encourage one aspect 3:02:34.709,3:02:35.677 of that discussion. 3:02:35.677,3:02:37.746 So, it's a probably[br]a good thing. 3:02:37.746,3:02:39.214 >> I want to thank all[br]of you for being here. 3:02:39.214,3:02:40.548 I want to thank the[br]Internet Society. 3:02:40.548,3:02:43.184 I want to thank the GW[br]Engineering Department 3:02:43.184,3:02:45.553 and their [inaudible][br]Lance Hoffman's Institute. 3:02:45.553,3:02:48.189 Long afternoon, thanks[br]for your patience. 3:02:48.189,3:02:49.324 I hope you learned something. 3:02:49.324,3:02:50.825 Come back again. 3:02:50.825,3:02:51.860 Thanks a lot. 3:02:51.860,3:02:53.928 [Applause]