Tag: consumer protection

NewsGuard to indicate online news sources’ trustworthiness

Articles

Untrustworthy news sites could be flagged automatically in UK | The Guardian

From the horse’s mouth

NewsGuard

Home Page

My Comments

Google News screenshot

Google News – one of the way we are reading our news nowadays

Since 2016 with the Brexit referendum and the US Presidential Election that caused outcomes that were “off the beaten track”, a strong conversation has risen up about the quality of news sources, especially online sources.

This is because most of us are gaining our news through online resources like online-news aggregators like Google News, search engines like Google or Bing, or social networks like Facebook or Twitter. It is while traditional media like the newspapers, radio or TV are being seen by younger generations as irrelevant which is leading to these outlets reducing the staff numbers in their newsrooms or even shutting down newsrooms completely.

What has been found is that this reliance on online news and information has had us become more susceptible to fake news, disinformation and propaganda which has been found to distort election outcomes and draw in populist political outcomes.

Increasingly we are seeing the rise of fact-checking groups that are operated by newsrooms and universities who verify the kind of information that is being run as news. We are also seeing the electoral authorities like the Australian Electoral Commission engage in public-education campaigns regarding what we pass around on social media. This is while the Silicon-Valley platforms are taking steps to deal with fake news and propaganda by maintaining robust account management and system-security policies, sustaining strong end-user feedback loops, engaging with the abovementioned fact-check organisations and disallowing monetisation for sites and apps that spread misinformation.

Let’s not forget that libraries and the education sector are taking action to encourage media literacy amongst students and library patrons. With this site, I even wrote articles about being aware of fake news and misinformation during the run-up to the UK general election and the critical general elections in Australia i.e. the NSW and Victoria state elections and the Federal election which were running consecutively over six months.

Google News on Chrome with NewsGuard in place

NewsGuard highlighting the credibility of online news sources it knows about on Google News

But a group of journalists recently worked on an online resource to make it easy for end-users to verify the authenticity and trustworthiness of online news resources. NewsGuard, by which this resource is named, assesses the online news resources on factors like the frequency it runs with false content; responsible gathering and presentation of information; distinguishing between news and opinion / commentary; use of deceptive headlines and proper error handling. Even factors that affect transparency like ownership and financing of the resource including ideological or political leanings of those in effective control; who has effective control and any possible conflicts of interest; distinction between editorial and advertising / paid content; and the names of the content creators and their contact or biographical information.

NewsGuard in action on Google Chrome - detail with the Guardian

The NewsGuard “pilot light” on Chrome’s address bar indicating the trustworthiness of a news site

End-users can use a plug-in or extension for the popular desktop browsers which will insert a “shield” behind a Weblink to a news resource indicating whether it is credible or not, including whether you are simply dealing with a platform or general-info site or a satire page. They can click on the shield icon to see more about the resource and this resource is even described in an analogous form to a nutrition label on packaged foodstuffs.

For the Google Chrome extension, there is also the shield which appears on the address bar and changes colour according to how the Web resource you are reading has been assessed by NewsGuard. It is effectively like a “pilot light” on a piece of equipment that indicates the equipment’s status such as when a sandwich toaster is on or has heated up fully.

NewsGuard basic details screen about the news site you are viewing

Basic details being shown about the trrustworthiness of online news site if you click on NewsGuard “pilot light”

It is also part of the package for the iOS and Android versions of Microsoft Edge but it will take time for other mobile browsers to provide this as an option.

NewsGuard is a free service with it gaining a significant amount of funding from the Microsoft’s Defending Democracy program. This is a program that is about protecting democratic values like honest and fair elections.

It is also being pitched towards the online advertising industry as a tool to achieve a brand-safe environment for brands and advertisers who don’t want anything to do with fake news and disinformation. This will be positioned as a licensable data source and application-programming interface for this user group to benefit from. Libraries, educational facilities, students and parents are also being encouraged to benefit from the NewsGuard browser add-ons as part of their media-literacy program and curriculum resources.

Detailed "Nutrition Label" report from NewsGuard about The Guardian

Click further to see a detailed “nutrition label” report about the quality and trustworthiness of that online news resource

But I see it also of benefit towards small newsrooms like music radio stations who want to maintain some credibility in their national or international news coverage. Here, they can make sure that they use news from trusted media resources for their news output like the “top-of-the-hour” newscast. Students, researchers, bloggers and similar users may find this of use to make sure that any media coverage that they cite are from trustworthy sources.

The UK government are even considering this tool as a “must-have” for Internet service providers to provide so that British citizens are easily warned about fake news and propaganda. It is in the same approach to how users there can have their ISPs provide a family-friendly “clean feed” free of pornography or hate speech.

It is now being rolled out around the rest of Europe with France and Italy already on board with this service for their mastheads. Germany is yet to come on board but it could be a feasible way to have other countries speaking the same language climbing on board very quickly such as having Germany, Austria and Switzerland come on board very quickly once German presence is established.

As NewsGuard rolls out around the world, it could effectively become one of the main “go-to” points to perform due-diligence research on that news outlet or its content. It will also become very relevant as our news and information is delivered through podcasts and Internet-delivered radio and TV broadcasts or we use Internet-connected devices to receive our news and information.

The UK to mandate security standards for home network routers and smart devices

Articles UK Flag

UK mulls security warnings for smart home devices | Engadget

New UK Laws to Make Broadband Routers and IoT Kit More Secure | ISP Review

From the horse’s mouth

UK Government – Department of Digital, Culture, Media and Sport

Plans announced to introduce new laws for internet connected devices (Press Release}

My Comments

A common issue that is being continually raised through the IT security circles is the lack of security associated with network-infrastructure devices and dedicated-function devices. This is more so with devices that are targeted at households or small businesses.

Typical issues include use of simple default user credentials which are rarely changed by the end-user once the device is commissioned and the ability to slip malware on to this class of device. This led to situations like the Mirai botnet used for distributed denial-of-service attacks along with a recent Russia-sponsored malware attack involving home-network routers.

Various government bodies aren’t letting industry handle this issue themselves and are using secondary legislation or mandated standards to enforce the availability of devices that are “secure by design”. This is in addition to technology standards bodies like Z-Wave who stand behind logo-driven standards using their clout to enforce a secure-by-design approach.

Netgear DG834G ADSL2 wireless router

Home-network routers will soon be required to have a cybersecurity-compliance label to be sold in the UK

The German federal government took a step towards having home-network routers “secure by design”. This is by having the BSI who are the country’s federal office for information security determine the TR-03148 secure-design standard for this class of device.  This addresses minimum standards for Wi-Fi network segments, the device management account and user experience, along with software quality control for the device’s firmware.

Similarly, the European Union have started on the legal framework for a “secure-by-design” certification approach, perhaps with what the press describe as an analogy to the “traffic-light” labelling on food and drink packaging to indicate nutritional value. It is based on their GDPR data-security and user-privacy efforts and both the German and European efforts are underscoring the European concern about data security and user privacy thanks to the existence of police states within Europe through the 20th century.

Amazon Echo on kitchen bench press photo courtesy of Amazon USA

… as will smart-home devices like the Amazon Echo

But the UK government have taken their own steps towards mandating home-network devices be designed for security. It will use their consumer-protection and trading-standards laws to have a security-rating label on these devices, with a long-term view of making these labels mandatory. It is in a similar vein to various product-labelling requirements for other consumer goods to denote factors like energy or water consumption or functionality abilities.

Here, the device will be have requirements like proper credential management for user and management credentials; proper software quality and integrity control including update and end-of-support policies; simplified setup and maintenance procedures; and the ability to remove personal data from the device or reset it to a known state such as when the customer relinquishes the device.

Other countries may use their trading-standards laws in this same vein to enforce a secure-by-design approach for dedicated-function devices sold to consumers and small businesses. It may also be part of various data-security and user-privacy remits that various jurisdictions will be pursuing.

The emphasis on having proper software quality and integrity requirements as part of a secure-by-design approach for modem routers, smart TVs and “smart-home” devices is something I value. This is due to the fact that a bug in the device’s firmware could make it vulnerable to a security exploit. As well, it will also encourage the ability to have these devices work with highly-optimised firmware and implement newer requirements effectively.

At least more countries are taking a step towards proper cybersecurity requirements for devices sold to households and small businesses by using labels and trading-standards requirements for this purpose.

Full-fibre ISPs are calling for action to qualify next-generation broadband service in the UK

Article

Fibre optic cable trench in village lane - press picture courtesy of Gigaclear

Fibre to the premises courtesy of Gigaclear

“Full Fibre” ISPs Call on ASA to Stop Misleading UK “Fibre Broadband” Adverts | ISP Review

My Comments

While the NBN are taking things slowly to roll out next-generation broadband Internet in to Australian communities and providing most with a fibre-copper service, the UK are facing a similar problem.

Most of urban Britain are being provisioned with similar fibre-copper next-generation broadband service, typically “fibre-to-the-cabinet” with a copper VDSL2 link between the street cabinet and the customer’s door. This is while a handful of ISPs and infrastructure providers like Gigaclear, Cityfibre and Hyperoptic are running fibre-to-the-premises next-generation broadband infrastructure, whether to country properties or large urban developments.

But a lot of telcos and ISPs are using the word “fibre” as part of hawking their next-generation broadband Internet product, while it is seen as a keyword by the marketers to say that the service will provide higher bandwidth to the customer than what was normally expected. This is although they are running a fibre-copper Internet service in most of their territories.

What is being raised is how should a broadband service be qualified in relationship to its infrastructure when the service is advertised to the public. It isn’t just about whether a service implements fibre to the premises or not, but how much of the run between the exchange or head-end and the customer’s premises is being covered by a fibre link.

There has to be distinct keywords to say that a service is being provided “fibre-to-the-premises”, a “majority-fibre” service like fibre-to-the-building or fibre-to-the-distribution-point, or a “minority-fibre” service like fibre-to-the-cabinet. Other issues that need to be raised is whether a service is being delivered with symmetrical (upload / download) bandwidth or is an “exclusive bandwidth” service like active fibre where each customer gets the full contracted bandwidth rather than facing bandwidth contention.

What Gigaclear and co are raising is that customers need to know what they are able to get when they sign up for a next-generation broadband Internet service or other advanced telecommunications service.

Right-to-repair for consumer electronics being pushed forward in the USA

Articles

Dell Vostro 3550 business laptop

A demand is taking place to make sure portable computers and similar equipment such as laptops that suffer a lot of damage is able to be repaired by independent technicians

Right to Repair bills introduced in five states | Engadget

Five States Are Considering Bills to Legalize the ‘Right to Repair’ Electronics | Motherboard

From the horse’s mouth

Electronic Frontier Foundation

Defend Your Right To Repair (Issue Page)

The Repair Association – representing independent repairers

Consumer Electronics (Issue Page)

My Comments

Samsung Galaxy Note Edge press image courtesy of Samsung

Even those smartphones that end up with cracked screens or are dropped in the swimming pool

An issue currently being raised in the United States Of America is the ability for us to repair our own consumer-electronics equipment or have it repaired by independent repair technicians. This is becoming more important with smartphones, tablets and laptops that often fall victim to accidental damage such as that familiar cracked screen. As well, the batteries in this portable equipment lose their performance over the years and an increasing number of this equipment is supplied with batteries that aren’t user-replaceable, which leads to this equipment being “disposable” once the batteries cease to hold their charge.

The manufacturers prefer us to have the equipment serviced by official outlets but this can be highly onerous both in cost and time without the equipment. It is something that is made worse if a manufacturer doesn’t implement an authorised-repairer network for some or all of their products or severely limits the size and scope of an authorised-repairer network.

On the other hand, independent repairers like the phone-repair kiosks in the shopping centres are able to offer value for money or perform simple repairs like replacing damaged screens or end-of-life batteries quickly but they find it hard to have access to official parts, tools and know-how to perform these jobs.  In some cases, it can lead to the equipment being fitted with “known-to-work” parts salvaged from other broken equipment or a grey-market full of generic parts being available, some of which may have a huge question mark over their quality or provenance. These generic parts have come about because the parts manufacturers have been fulfilling enough orders of them that they can sell them as a commodity.

What is currently happening is that the manufacturers and distributors are exploiting various intellectual-property-rights legislation to prevent the sharing of repair knowledge to third-party repairers. As well, they have been reducing the number of official repair facilities along with reducing the availability of original spare parts and tools thus making it more onerous financially and time-wise to keep your device in good repair. In some cases like Apple with its iOS devices, they could limit the scope of their authorised-repair program so that it is harder for anyone but a select few to repair a particular class of device.

The issue that is being raised is the ability for an independent repair workshop to obtain proper spare parts, tools and knowledge from the products’ manufacturers or distributors so they can perform repairs on customers’ equipment at a cost-effective price. Here, they don’t need to be turning away customers because they don’t know how to fix a particular piece of equipment. This also includes the ability for independent repairers to discover solutions to common faults and share this knowledge along with the ability for us to see our devices work in an optimum manner for a longer time, thus reducing the “e-waste” which can be destined to the landfills.

This call is also about legitimising the ability for independent technicians to modify equipment to suit newer needs. Examples of these procedures may include “upsizing” the storage in a device with fixed storage like a smartphone, PVR or games console to a higher capacity, modifying equipment so it is accessible to those with special needs or simply adding an officially-supplied “optional-function” module to existing equipment. As well, it also encompasses the ability to continually provide support to equipment that has been abandoned by the manufacturers.

A similar situation that has been happening in the motor-vehicle market is that as vehicles became equipped with highly-sophisticated computerised subsystems, it became harder for independent repairers to service newer vehicles. This typically ended up with motorists taking their vehicles to the official repair workshops that were part of motor vehicle dealerships to keep their vehicles in good order. But some recent activity in the USA has made sure that independent garages could continue to repair and service the newer vehicle fleet by requiring the vehicle builders there to share this knowledge with them.

What is happening now is that five US states (Kansas, Nebraska, Minnesota, Massachusetts and New York) are pushing forward laws that allow repairers to buy the tools and documentation from manufacturers. A similar law had been pushed in Wyoming to extend the “right-to-repair” principle to farm machinery. This action follows on from the Massachusetts effort in 2013 to establish “right-to-repair” for motor vehicles, causing a de-facto federal approach by the US’s vehicle builders to share this knowledge with the independent vehicle-repair and roadside-assistance trade.

The issue of “right-to-repair” also relates to the implementation of standards-based or platform-based design for equipment along with competitive-trade and consumer-rights issue. In these cases, it could be about repairer availability whether based on locality or satisfying users’ needs; the ability to increase value for money when it comes to equipment maintenance or insurance coverage for equipment damage; along with the equipment being able to last longer and not end up as landfill.

Small businesses and community organisations are also in a position to benefit because their budget isn’t affected heavily by capital or operating expenses for the equipment they own.This is because they could seek repairs to broken-down equipment at a cost-effective price or have existing equipment overhauled more frequently so that it is highly available and helping them operate. They can also purchase a high-grade domestic-rated unit like, for example, a premium domestic “bean-to-cup” superautomatic espresso machine to be used as part of a coffee stall, without being refused repairs or servicing or having to pay a higher price because it is used in a “commercial” setting.

Nowadays, what needs to happen is that jurisdictions legislate or enforce “right-to-repair” laws that allow independent technicians access to parts and knowledge so they can keep consumer equipment lasting longer.

Buying that piece of computer hardware or software? Shop around

Most of us can easily prefer to buy a piece of computer hardware or software but may not be aware of bargains that may be of interest.

Lenovo Yoga 3 Pro convertible notebook at Rydges Hotel Melbourne

Spend a bit of time researching the equipment or software to obtain the best deal you can

In some cases, you may think that buying online is the only path to a bargain. But the bricks-and-mortar path may yield some possible bargains. For example, a friend told me how they were able to purchase a desktop-security package from an electrical retailer and were able to score a USB hard disk as part of the package. This may be because the “bricks-and-mortar” shops along with the distributors are wanting to keep people interested in purchasing packaged goods rather than a download-only deal for computer software.

Here, you may find that a game may offer multiple extras that may cost more if you buy it and the extras separately. Similarly, a piece of software may be sold as a multiple-user package and these packages may yield better value for money when you end up adding two or more computers in to the equation.

What if it breaks down?

New desktop comptuer at church

Research and bargaining has paid off in obtaining a good deal on this computer

When you are buying computer hardware, consumer electronics or similar goods, you will need to think of what kind of support do you get if the item breaks down. Here, you would need to pay attention to the warranty offered and where you can drop the goods off for repair. A multiple-year warranty is considered essential for most computer goods and consumer electronics. Similarly, you may have to be sure about being able to know where there is a service agent within reasonable transport distance from where you live or whether you can simply drop the system off at the retailer that you bought it from to seek any repairs.

You may have to present competitive offers for equipment or software of the same standard in order to have the retailers respond with better offers. This is a practice that has worked when I helped a church with getting the right deal for a computer. I had determined a minimum standard for a future-proof computer and specified a few different systems matching that standard and two other men shopped around and received better offers for a system of that standard including a system that was specified with a solid-state drive.

Another advantage of buying within your own country is that you are protected by your country’s consumer-protection laws a.k.a. “lemon laws”. Here, you have the weight of these laws behind you if you find that the goods are not up to standard. For example, there were a few times where I had suggested to people who had hard disks, DVD burners and other parts fail in their relatively-new computers to have these parts replaced at no cost to them.

The trick here is to be able to shop around through both the online and “bricks-and-mortar” channels, including independent dealers, so you can track down the best value hardware or software deals.

Certainty will arise regarding the cost of Internet service in Britain

Articles

AVM FRITZ!Box 3490 - Press photo courtesy AVM

You will be certain about the price quoted for that UK Internet offer that it does not contain hidden fees

ASA solves line rental crisis in broadband world | ThinkBroadband

We will end misleading broadband adverts, thunders ASA… | The Register

UK ad watchdog forces ISPs to simplify broadband pricing | Engadget

From the horse’s mouth

Advertising Standards Authority (UK)

Press Release

My Comments

A situation that has affected British Internet-service customers, especially those who purchase DSL-based Internet service has been the ability for telcos and ISPs to conceal the line rental associated with a voice telephone service. The line-rental issue won’t be an issue with customers who run a cable-modem service with Virgin Media or run an FTTP service with the likes of Hyperoptic, Gigaclear or B4RN. It also included issues like the minimum duration of a telecommunications-service contract and the upfront costs that a customer had to pay to get a service going.

Now the Advertising Standards Authority has laid down new guidelines that come in to effect regarding the advertising of Internet services in relationship to the prices, contract duration and other issues. These guidelines will take effect from 31 October 2016, also when BT Openreach are to offer a naked DSL service for the UK market.

The ASA along with Ofcom conducted customer research regarding the pricing of broadband and telecommunications services in the UK. From this research, they highlighted the confusion customers were facing with things like hidden line rentals, introductory offers and upfront costs, along with the contract duration.

Now the ads and tariff listings that ISPs and telcos publish have to provide better information for their current or potential customers. This includes:

  • the upfront and monthly costs for the service factoring, with the upfront costs to have greater prominence
  • the length of the contract for services based on minimum-length contracts
  • the prices that come in to effect after an introductory-offer period has lapsed

 

As far as minimum-length contract services are concerned, the industry and consumer-protection authorities need to work on a language that describes “month-by-month” services where a customer doesn’t face a long minimum contract period. This is more so with post-paid services where a customer can cease service at the end of the billing cycle which may benefit people who are in their location on a short-term basis like a long-term tourist or a person involved in project-based work. This is because of legal confusion about these services being marketed as “no-contract” services.

What is really meant to happen with the sale of fixed-line telephony in the UK is that customers can choose between different providers for this service and pay the line rental (typically between GBP£11-16) to the provider of their choice. This is thanks to the availability of the unbundled local loop setup available for their telephony services. It can be risky with smaller and boutique DSL operators who can’t bundle with particular line-rental provider but can be easier for larger ISPs who can bundle with a line-rental provider, typically their fixed-line telephony service.

The trends likely to come forth are quoted package prices increasing along with telcos and ISPs offering “first-few-months-free” offers or providing “gifts” or “rewards” like a tablet computer or a large number of points to a loyalty program rather than the “18 months free broadband” offers.

The Brits will also benefit from the arrival of a naked DSL service where you don’t have to pay line-rental for a voice telephony service. Such a service was offered by some ISPs in Australia and New Zealand; and over the Channel in France, Germany, Denmark and Portugal. These services will be described as an SOGEA naked VDSL service that is offered in FTTC service areas and will require a mobile telephone or VoIP telephony service to satisfy voice telephony service needs.

The questions that will always be raised is whether there is real infrastructure competition in the UK or whether BT Openreach needs to be fully separated from BT in order to provide increased value for money for competing retail ISPs and their customers.

At least this will mean that anyone who is considering Internet and telecommunications services or changing their Internet service in the UK can see how much the offer that is being advertised will hit them in the hip pocket.

A code of conduct is now called for advertising bandwidth on UK small-business Internet services

Article

Ofcom extends speed code of practice to business broadband | ThinkBroadband

My Comments

Pantiles - Royal Tunbridge Wells picture courtesy of Chris Whippet [CC BY-SA 2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

The Pantiles at Royal Tunbridge Wells – representative of a shopping strip with small businesses

Previously, I wrote an article about the main UK ISPs working on a code of practice for selling Internet service to small businesses. This is mainly about calling a minimum service quality for these Internet services.

But BT Business, Daisy Communications, KCOM, Talk Talk Business, Virgin Media, XLN and Zen Internet have agreed to a code of practice for selling business Internet service, which will come in to effect from 20 September 2016.

This code of service primarily affects the bandwidth and service quality concerning the business Internet service.

It calls for transparent accurate information on broadband speeds at the point of sale. This covers providing knowledge of estimated download and upload line-level speeds and, where available, the “real” throughput speeds as early as possible through the sale process. There will also be detailed information about the bandwidth of the service after the sale and on the ISP’s Website. The service speed that is disclosed has to be as accurate as possible and the ISP has to deliver this information to their resellers and solution providers who onsell the service.

If there are issues with the business Internet service not “hitting the mark” when it comes to throughput, the ISP has to manage these issues and help the business customer when that problem is raised by the customer.

The code of practice also include a “walk-out” right where the business custome can leave the Internet-service contract without penalty if the dowload speed falls below and is consistently below the agreed speed even after the ISP and business customer have had an opportunity to rectify the issue. Of course, the business would have to return any customer-premises equipment leased to them by the ISP.

A question that was called out in the article was whether a business customer on a multi-year contract could walk out due to substandard performance encountered during a time where the Internet service is overloaded at a time where residential users are placing intense demand on that service.

But there are a few gaps missing that may affect small businesses.

One of these is that the code of practice doesn’t apply to fixed-line-speed services like cable-modem services or fibre-to-the-premises services. Nor will it apply to “dedicated-line” business services like leased-line services, Ethernet-First-Mile services and Ethernet-over-FTTC services.

The Ethernet-over-FTTC service was called out in the article’s comment trail because it is offered as an entry-level dedicated-line service for small and medium businesses. Here, it is known to exhibit performance traits where the core-network bandwidth is predictable but the access-network bandwidth isn’t predictable.

But the commenters raised the possibility that a business could sign up to an Internet service that has a service-level-agreement which would cover situations and services beyond the code-of-practice’s scope. Similarly, could it be feasible for an ISP or telco to strike a service-level-agreement that is modelled on this code of practice and uses it as a fallback measure?

There is another issue that wasn’t addressed in this code of practice which can affect many small businesses and community organisations. It is where a business cannot see out a contract due to events in the business’s or organisation’s life-cycle such as when the business changes hands or the worst comes to the worst. Similarly, it doesn’t address a situation where a business changes location and the dynamics of the Internet service can be affected by that change.

At least a few steps are taking place to provide the same level of customer protection for small-business owners that consumers would enjoy when they sign up to Internet service.

Digitally-delivered content now has the same level of consumer protection as other products

ArticleHouses Of Westminster - copy Parliament UK

UK consumer rights laws now cover digital downloads | Engadget

Consumer Rights Act 2015 Could Aid Clarity on Broadband Prices | ISPReview.co.uk

From the horse’s mouth

UK Government – Department of Business, Innovation & Skills

Press Release

Consumer Rights Act 2015 (UK)

Chapter 3 (covers digital content)

My Comments

Software delivered via app stores now under the same consumer-protection remit as physical goods

Software delivered via app stores now under the same consumer-protection remit as physical goods

A consumer-affairs issue that often crops up when it comes to goods and services that are digitally-delivered is how customers are protected if things go awry with these goods. This is because software, books and other content are increasingly being delivered “over the wire” from the supplier to the user such as through app stores rather than as a physical package. As well, an increasing amount of computer software including games that are sold through “bricks and mortar” retail stores are being delivered as a “physical+digital” form. This is typically a box containing a CD or USB stick with a download client or a software-entitlement card with a product key number but the full installation requires you to download the software on to your computer.

.. as movies and games delivered to games consoles and set-top devices via the Internet

.. as movies and games delivered to games consoles and set-top devices via the Internet

But a lot of jurisdictions tend to place different standards of consumer protection on the digitally-delivered goods and services compared to physically-delivered goods and services like refrigerators, computer and home-network hardware, books or Blu-Ray Discs.They seem to allow for balky downloads or for a digital-content supplier to implement digital-rights-management technologies to protect their content. Typically this has shown up as electronically-supplied goods being covered under a separate statute with lesser “teeth” while other goods are covered under the main consumer-protection statutes. This also applied to services like broadband Internet, landline and mobile telephony, and Webhosting-type services.

The UK have tackled this issue by amalgamating digitally-delivered goods and services under the same consumer-protection law as regular goods and services when they enacted the Consumer Rights Act 2015. Here, there are legal rights of remediation if the digital items came through faulty like a bug-ridden game, including situations where a feature in that program and was part of the description doesn’t work. This even encompasses situations that may come about if the host device crashed due to a buggy program; as well as assurance of access continuity if the service provider’s equipment went AWOL.

There needs to be a similar level of protection for small businesses and community organisations when it comes to the supply of technology so that these users have the same level of protection as the ordinary consumer. This is because these kind of users will purchase goods in the same manner as the ordinary consumer, including purchasing “residential-rated” goods due to the limited know-how of their staff / volunteers and their budget. As well, they don’t have continual access to legal resources in the same manner that a big business would have, so they wouldn’t be in a position to have supply contracts properly assessed. This also applies to people who are running “micro-businesses” from their home for such activities like blogging / small-time journalism, Web-site development, cleaning services and the like.

Another issue that has to be raised is supply of these goods and services across national borders, which is something that is very common with digitally-supplied goods and services. What would happen if a piece of downloaded software that was bought from an American supplier by a Briton failed or if a British software developer supplied a balky WordPress theme to an Australian blogger?

What I see of this law is for a major jurisdiction to bring the spirit of proper consumer protection normally enjoyed with physical goods to digitally-supplied goods and encompass it under one statute. Jurisdictions that work to the Westminster style of government, like most of the British Commonwealth countries, may find this legislation easier to implement with very few changes.

Why FCC’s Tom Wheeler is not caving in to cable and telco pressure

Article

Net Fix: Why FCC’s Wheeler is ‘defying the greatest lobbyists in the world | CNet

My Comments

I had come across this interesting article in CNet about FCC’s current commissioner, Tom Wheeler and the way he is standing up for the consumer, real competition and Net Neutrality. There were people who were saying that he would cave in to the cable and telecommunications industry because of his work with them but he has determined that the end user is his customer.

In 1984, he was involved with the NABU idea which was a special home computer that would be connected to the cable TV infrastructure to deliver games and news information to consumers. This was a closed-loop system that required the use of particular equipment all the way. Compare this with Steve Case who had built up America Online which was centred around commonly-available home computers and modems along with the common telephone network. This was a service that led to and underpinned the dot-com era. The NABU system had to have him get permission from each and every cable operator to set that up in every market. This had given him a first-had experience of what happens to closed-loop telecommunications systems that don’t work on an open framework where you end up with them stifling innovation and them suddenly collapsing.

But Tom Wheeler got his hands wet with the nascent cable-TV industry where he lobbied against the NAB to build the service with programming and make it viable in the minds of consumers. This was where he met his wife Carol who was lobbying for the National Association Broadcasters.

His current reign as FCC Chairman has made him to be the equivalent of Joseph Kennedy Snr. in 1934 when he set up the Securities & Exchange Commision in the first bid to regulate Wall Street. Here, this was about standing up to powerful interests especially that of the US business moguls. It was also about getting things done at the FCC rather than the niceties, like what had happened in the UK at Ofcom when they humiliated British Telecom to provide competitors access to the local loop at reasonable prices.

But what has he done in his position as FCC Chairman?

  • He has had the e-rate program which provides tech finding to schools and libraries modernised. This has lead to it benefiting from US$45 billion of revenue from a wireless-spectrum auction that took place in January 2015.
  • He eliminated the decades-old sports-blackout rule concerning the broadcast of sports fixtures organised by the popular sports leagues like NFL. This was where TV stations and networks, including cable and satellite TV setups, couldn’t broadcast a sports fixture in the town it was played unless the match was sold out.
  • He raised the minimum bandwidth of an Internet service to be classed as a broadband service from 4Mb to 25Mb like what most of Europe calls a broadband service. This was to raise the game when it came to DSL services offered by the incumbent telcos.
  • He sided with T-Mobile to make AT&T and Verizon charge reasonable data-roaming rates for 4G LTE services
  • He is intending to pre-empt state laws which preclude the establishment of competing fixed-broadband infrastructure by cities, communities and competing operators
  • This is part of an effort by the FCC to bring teeth to the concept of Open Internet. Tom Wheeler even caused President Obama to take action to have broadband Internet deemed a Title II Utility in the same concept as fixed telephone service. This is where the service gains various legal protections and requirements

His term at the FCC is about the fact that he represents the US communications-service end user who is watching TV, listening to the radio, making calls on a fixed or mobile phone, or using a regular or mobile computing device  to benefit from the Internet.

Personally I see Chairman Tom Wheeler as someone who could bring the USA in to line with Britain, France and the Nordic countries where they don’t kowtow to established telecoms monopolies or cartels but bring forward real competition. His work could be underscored by the bodies at the Department Of Justice and the Federal Trade Commission as a way to effectively shake up the telecommunications industry and stop it going backwards.

FDA to provide health classifications for the various wellness wearables

Article

FDA draws line between wearable health gizmos and proper medical gear | The Register

My Comments

Sony Smart Band - Sony press image

FDA to be able to qualify wearables like this Sony Smart Band to a standard acceptable for general wellness

As the market fills up with more wearable gizmos that measure our health, health-protection and consumer-protection authorities need to step in to properly and independent qualify a device’s health or wellness abilities.

Here, the US Food and Drug Administration have defined two levels of classification for these devices. They will have one, known as “general wellness”, which will cover measuring heart rates, distance walked and similar parameters that one needs to know about staying well. This is compared to a higher level for equipment needed to diagnose or cure illnesses. The differences that would be highlighted would be that the higher level is that the device is subjected to rigorous testing to be sure it can show consistently-accurate measurements and operate in a consistently-reliable manner.

Bluetooth-connected medical sensors

But these Bluetooth-connected medical sensors are still considered medical devices

They see this more as a line in the sand between something you could buy off the shelf and use at home versus a medical machine that is used as part of clinical treatment.

A question that may be raised is if a device is being used as part of medical supervision and monitoring, especially for a chronic illness is whether a “general wellness” class of device would be considered suitable for this application rather than a fully-qualified clinical-grade health-monitoring device. This could be seen as being of issue when it comes to in-home monitoring of diseases like, especially, diabetes where the patient’s blood sugar levels are to be monitored constantly.

Another question that has to be raised is if a device is dependent on extra software such as devices that work according to the “app-cessory” model, whether the software would be tested to see if it is compliant for medical-grade or general wellness use. This is more so as an increasing number of medical devices in the hospital and home are dependent on external computing power or there is the increased use of “software-only” diagnosis functionalities like Webcam-based machine-vision to measure one’s pulse using a computer or smartphone.

This issue may be worth investigating further by other health authorities and consumer-protection authorities especially when it comes to classifying devices that are pitched for personal healthcare.