Friday, April 29, 2005

Worrying trend of Singapore paedophiles using ICT to find victims

In today's Straits Times (29th April 2005) there was three separate articles about internet related sex offences. The first, on the front page of ST was the shameful arrest of a 31 year old Singaporean teacher in Bangkok, Mr Darwis Rianto Lim who was reportedly caught by the Thai CID after a tip off by US and Australian Interpol investigators. Apparently Bangkok Post was quoted to have said that the Interpol officers were monitoring Lim in his efforts to purchase sex with Thai boys. (see Bangkok Post - Paedophile suspect held)

The second report was how Muhammad Khair Kamarudin, a 23 year old man who used net chat to befriend a 14 year old girl and ends his relationship after having sex with her (thus committing statutory rape). He was arrested (28 June 2004) and after trial was sentenced to 8 months in jail (which means he was probably just released from Custody). Its important to note that he would not have been caught if the 14 year old had not reported to her teacher.

The third report - an article by reporter Vivi Zainol who did a investigatory piece by actually visiting the IRC Chat site used by Kamarudin. She reports that she got a sex proposal within 10 minutes on being at that site. What is truly troubling is that she describes herself as a 15 year old girl and she gets proposed by these predators without hesitation despite it is common knowledge that such activity is illegal.

Admittedly, the use of the Internet for entrapping youths for sex is not a new phenomenon. I was just not prepared to learn that it happens here in Singapore with such overt brashness and disregard for the law.

I am piqued by how technically able the Interpol officers had been to 'observe' Mr Lim's online activities from afar. While I am glad for their alertness and capability to help stop men like Mr Lim but I cannot help but wonder if Interpol has become the proverbial unseen 'big brother'. I am however more concerned about local authorities apparent lack of obvious policing of the IRC chat site that Kamarudin used. I may be wrong here and the local authorities, like Interpol, is keeping a close eye on these chat sites and are in fact laying the trap to catch the paedophile offenders. I hope this is so.

Nevertheless, I feel that the law enforcement agencies need to take a more proactive role in policing chat sites to protect the public and especially the young children who do not know better and easily become victims. While it is impossible to stop all the potential crime that can occur on these chat sites, visible policing (much like the bobby on horseback in hydepark) can deter these predators. Indeed, the young needs to be educated about the dangers but often that is not enough. These chat sites are like the proverbial darkened street corners. They need to be lit up and properly patrolled so that the ordinary man woman or child can walk in it safely without having been tricked into becoming a victim.

Wednesday, April 27, 2005

Stem Cell Research: The Chimera Dilemma and its challenge to Ethics

Maybe it's cynicism from aging but I have observed that with each ground breaking invention or discovery, we keep making the same mistakes. Lack of proper control, governance, regulation or ethical rules of practice have resulted in many of today's technologies becoming dangerous tools instead of benefiting mankind as a whole. Fundamentally, many of today's creative research and output is directed at making positive changes to the world around mankind.

Stem cell research at its most utopian is for preserving the quality of life. The problem lies in the actual practice of how such research is being conducted, how it affects our world around us, the risks that it brings weighed against its benefits. Private enterprise and Governments in favour of stem cell research will have us believe the benefits far outweigh the dangers.

I however propose caution - not because I feel that there is no grounds in the arguments raised by Stem cell research proponents but because we need to take the lessons learnt from past scientific research that turned to everyday life products and services.

Nuclear waste, global warming and antibiotic resistant strains of bacteria to name a few of the painful lessons of uncontrolled or poor long term management of technologies. Its not the research that is faulted but by the way the research is being exploited and abused.

In truth, there are two levels of ethics that need to be addressed. The ethics of the research process and the ethics of the exploitation of the research. New effort should be directed at addressing not only in developing ethically proper research process but how exploitation of new research can be managed safely. Maybe its time that the authorities need to consider getting business ethics and biotech ethics experts together.

Oddly enough, ethics is not a new discipline. Yet, it is absent from many if not all research programmes until recent history. For the nurturing of ethical professionals and researchers, it must pervade our pores to be effective. It is not like a body of rules that can be learnt at law school. Getting an A grade is no guarantee that the man will be an ethical professional. Setting up a body of rules is merely developing standards and cannot be the end of the ethical treatment of the subject matter. At the very least, it is a start in the right direction.

The greatest ethical challenge in biotech right now is the new set of ethical problems raised by creating organisms composed of cells from two different species, and in this case animals that include human cells. Should we be concerned about research involving such animals - which are called chimeras - that have been seeded with human cells? (see definition of Chimera)

The report linked below is about a group of scientist drafting rules on ethics of stem cell research. They are to lauded for their efforts to address such Chimera research. Their suggested rules indeed warrant serious consideration by watchdogs bodies.

My hope - albeit doubtful - is to see such efforts to:
(1) develop strong ethical standards and rules established everywhere to prevent the possibility of dangerous and often unknown outcomes;
(2) establish strong ethics in university undergraduate and graduate research programmes; and
(3) integrate ethics of both the process of stem cell research AND the exploitation of such research.

Unfortunately, my doubt is fueled by the demands of society for profits and returns on investment. So, will we always continue making the same mistakes - abusing the technologies we have, or will we make good?

The New York Times > Health > Group of Scientists Drafts Rules on Ethics for Stem Cell Research

Monday, April 18, 2005

Credit Card Data theft online still high

Despite the progress of better security technologies, better educated banking customers as to online banking risk management techniques, password management etc, CNET reported that HSBC will be notifying 180k of its customers about the problem. Some MasterCard holders exposed to data theft CNET News.com

This follows a report where Lexis also had its databases compromised. LexisNexis break-in spurs more calls for reform - CNET News.com

These events will continue to plague online banks and their ongoing efforts to secure banking and their efforts to secure market share.

Where then is consumer online banking heading in the face of such threats? My suggestion is the creation of an association of international online banks to look at creating strong technical standards as well as to formalise rules on how banks can assist each other together with local enforcement agencies in cross jurisdictional apprehension and prosecution of hackers. I believe that this added function to the international proposals for cybercrime development will make prosecution possible as banks will have the funds and deep pockets to hire all the necessary people and equipment to locate the criminals who are usually located in another jurisdiction.

Sunday, April 10, 2005

Property deals via email - does it make sense?

Its been a while since 1998 when the Electronic Transactions Act was passed by Singapore's Parliament. I always expected that the ETA will change how business will be done but I had not expected that it would take so long and played so little in actual cases.

The Straits Times reported on 2nd April and again on 10th April of the High Court decision of a dispute arising between two parties that negotiated a property agreement via email. Unforunately, the case was only reported in ST which has since became paid access online only (hence no link nor details available here). Anyway, ST reported the judge had decided that email can now be used to record property transactions. (NOTE: I will revisit this case when I get a chance to read the case report when it comes out)

My immediate reaction to the case was - was it the right decision for the economy and business?

While I agree that it is unavoidable that the future is in electronic communications technology like email (and other similar types including SMS), this case may end up being turned over on appeal if the lawyers woke up and realised that in the ETA section 4 provided that provisions of the electronic contracts and electronic signatures and records will not apply to property transactions. This section does not specifically say that one cannot make a property contract via email/electronically BUT rather that such agreements cannot rely on the ETA to enforce the transaction. What was the intent of parliament here? (I will leave this discussion until another case tests it again.)

I wonder though whether it is the right decision considering why common law required writing for property transactions. Fraud is always a concern and the bare technology of email is awfully risky. Its even implied that SMS may even be recognised for property deals.

So, I wonder will this case be tested? Yes and I am quite sure very soon. I think the situation needs to be rescued. A more balanced situation would be for Parliament to review the provisions and allow property transactions only via secured electronic transactions. (secured = with the use of digital signature or secured electronic signature).

The immediate impact of this case is that property transactions costs will now go up as property businesses are reacting to the new law and in all probability use security ware to prevent fraud.

Saturday, April 09, 2005

Hackers Spoofing Microsoft Update Patch - due out Tuesday...

When attackers are able to preempt the release of an OS Patch and use their 'warning' notices to dupe users to download their 'patch' which is in truth their trojan - you just have to admire how ingeniously devious they are.

I hope the Longhorn boys figured out a way to let us have an OS that could at the very least be patched safely.

(visit links: Fake Microsoft security updates circulate - CNET News.com; Hackers Spoof Microsoft Patch Alert Again - TechWeb)

The Digital Millennium Copyright Act: Worst US Tech Legislation in History?

The DMCA has been the bugbear of many IP academics since its inception. When I was at UC Berkeley's Boalt Hall Law School back in 1999, Prof Pam Samuelson candidly explained the folly of protecting technologies that protected copyright works. It became clear for me that the DMCA - that it is a piece of law that has the interest of content owner's close to its heart, and that it effectively reduced the public's rights under copyright law.

While I support lawful protection of content owners of IP, such one sided legal development was clearly going to cause huge legal battles. Charles Cooper in his column reported a string of high profile cases from 2001 to 2003 where the DMCA was in issue. It is unfortunate for the owners of IP to find themselves being desperate in the face of digital replicating technologies. I can understand the motivations for having the DMCA but that does not mean that the DMCA is the right way to go. The law of copyright has to change in a balanced way. Copyright owners must realise that the future is not locking up the content. They must realise that they just can't keep it locked for long. Having the DMCA to support locking technologies will stop individuals breaking these locks. Remember DeCSS (that broke DVD protection)? Look at the cases reported by Cooper in CNET. Enough said.

Copyright is in real trouble this decade. Will it ever be developed even handedly? Looks like in the immediate future that would be a unlikely prediction - with the extension of copyright by another 20 years. Conversely, more individuals are working at breaking the protection technologies.

Ironically, while the DMCA is being attacked locally its provisions are insidiously spreading everywhere. In its defence, its basis for the spread is in the WTO agreements but now its one of the fundamental conditions of US entering into Free Trade Agreements. I hope to see these provisions challenged in the same way in the other jurisdictions. Unfortunately, I think that will highly unlikely. So, US's "Worst Tech Legislation" will live to see another day.

(visit link: Rethinking the DMCA Perspectives CNET News.com)

Friday, April 08, 2005

Yahoo! releases beta version of search engine for Creative Commons standard

(visit link: Yahoo! Search - Web Search)

Yahoo has just launched a new engine that lets people search content that allows users limited reused. Such limited rights provided by the copyright owners agree to the standards developed by Stanford University's Creative Commons project - a nonprofit group that specializes in copyright issues formed under the leadership of Prof Larry Lessig. This new Yahoo engine now enables users to search for reuseable material under two categories: for commercial reuse or to modify, adapt, or build upon. Such reuse is unavailable to conventional copyrighted material. This laudable effort is indeed counterculture in the current climate of businesses searching for business value in their intellectual property.

To have the Creative Commons project as well as the Yahoo! dedicated search engine for CC compliant material - its a godsend for the educational industry. I hope that this is merely the first drops of water before the flood of creative output being produced for public consumption and creative reuse.

Ideas needs other ideas to flourish. If the law - in the name of encouraging and protecting creative output - in effect stymies learning, exchange and creative development, then it is time for the law to be changed. Sooner the better. Development of Intellectual Property law must be carried out in balance of the interests of everyone. It really should not be left only to the IP owners.

Thursday, April 07, 2005

Education & Technology: Duke issues Free IPODs to students

(Visit link: Duke puts restrictions on free iPod program CNET News.com)

Duke University made a most innovative move to push its educational environment ahead of the pack. To create the "digital student," they introduce high-tech perks such as campuswide wireless Internet access (which is NOT new), subsidized legal music download services (which is gutsy and highly valued by the youths) and free iPods. Are the iPODs used as a carrot to draw students? Or is it meant to be used as a learning tool? Cleverly, Duke offers classes that used the iPod - such as music and language classes are among the most frequent educational uses for the devices. Possibly these could also be used to download audio lectures.

Universities all round the world are already hard pressed to manage the bandwidth problems caused by music downloads. The additional woes of illegal or pirated music is a separate and real legal issue as well. Hence Duke's programme is seen by many as innovative but risky without any clear guarantee of positive outcomes.

The question is - did the decision makers thought through the potential danger of being perceived as encouraging copyright breaching activities? Even though the legal risk is somewhat remote, it is indeed quite laudable that the University is willing to follow through in the name of creating a true digital educational environment.

In any case, I wonder whether any university is working with a smartphone company to work out a similar programme to integrate a large digital storage facility on their Windows/Palm/Symbian smartphone so as to have the connectivity of wifi, gprs as well as large storage for digital data of music, movies, AV presentations etc. That would most certainly push the envelope of the "digital student" - at the very least increase the student applications for admissions. :-)

New Trojan attacks Symbian Smartphones

(visit link: Trojan Destroys Mobile Phone Data, Forces Owners To Reformat - TechWeb News )

Symbian enabled mobile phones are under threat. The PDA/MobilePhone's operating system has been targeted by trojan writers. It appears to be the most damaging yet for any smartphone system as it reputedly destroys data and requires owners to reformat. It was a matter of time but it's rather surprising that Symbian and not the more popular MS or Palm platforms that is being targetted. The Mabir trojan infect the phones via IRC or P2P file-sharing to a PC, then install that malicious file on the phone. The good news is that the infection cannot happen with the mere use of the smartphone. When the phone gets plugged into an infected PC, the problem arise. With this trojan it appears only a matter of time before the other platforms are targetted.

Instant Messaging now under serious threat from Worms

(Visit link: IM And P2P Malware Threats Nearly Triple - TechWeb News )

Instant Messaging has been to me for some years now - to be a solution looking for a problem. When Email technologies was first released, it was hailed as the next greatest business tool for communication. While it is now truly mainstream (in fact no self respecting businessman can afford to do business without one), there are always new technologies coming into play. SMS (then MMS) and Instant Messaging jumped to the forefront as even faster and more real time means to communicate. While IM is still a poor means to communicate with the public, businesses are using it more for internal communications (I am still unconvinced that it actually makes personnel more efficient or productive - the realspace Telephone works a whole lot better in my opinion).

With the growth of use of IM (and P2P) there is the consequential growth of IM worms and viruses. Apparently here it is reported that 270% jump has occurred. Does this mean that IM is here to stay or become mainstay (pursuant to my theory of how technology becomes mainstream when they become target or used for criminal purposes)? Unfortunately security threats continue to grow despite multilevel efforts to curb the problems.

Are Bloggers diarists or journalists?

(visit link: The Future of Blogging CNET News.com)

Blogging has become almost mainstream only within the past three years. Since its conception there has been variations of blogs but at its core, it is essentially an open electronic diary for users to share their views. Critics condemned blogging as a mindless, time wasting process of posting thoughts that few take time to read. There is some degree of truth in that view but the blogs that edify, inspire and work far outweigh the value of all the other blogs put together. Many of the effective blogs are treated by bloggers as a means to report new happening in their vicinity. But if they do this, does that make them journalists under the law?

In the CNET report, there is this case where the courts are being asked to decide whether bloggers deserve the legal protection afforded to journalists in the US. While such rights do not exist elsewhere, it would be interesting to see whether bloggers will gain or lose the first case that will determine the right to say what they want to online. And that would include reporting of things they see and hear.

Welcome to ByteLawyer's redesigned blogsite.
This new site will henceforth replace the old ByteLawBlog. While this blog will host all the new postings, the ByteLawBlog will continue to exist for those interested to read them. I hope that with blogger, my blogging will be more consistent and current. Do write me and provide me with your feedback. Thank you.

Friday, April 01, 2005

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