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Versions: 00                                                            
Internet Draft                                                 J. Morris
                                                             A. Davidson
                                       Center for Democracy & Technology

draft-morris-policy-considerations-00.txt                      June 2003
Expires: December 2003




                       Public Policy Considerations
                       for Internet Design Decisions





Status of this Memo

   This document is an Internet-Draft and is in full conformance with
   all provisions of Section 10 of [RFC2026].  Internet-Drafts are
   working documents of the Internet Engineering Task Force (IETF), its
   areas, and its working groups.  Note that other groups may also
   distribute working documents as Internet-Drafts.

   Internet-Drafts are draft documents valid for a maximum of six months
   and may be updated, replaced, or obsoleted by other documents at any
   time.  It is inappropriate to use Internet-Drafts as reference
   material or to cite them other than as "work in progress."

   The list of current Internet-Drafts can be accessed at
        http://www.ietf.org/ietf/1id-abstracts.txt

   The list of Internet-Draft Shadow Directories can be accessed at
        http://www.ietf.org/shadow.html.


Abstract

   This document suggests public policy questions that the IETF should
   consider and possibly address when developing new standards and
   protocols, and modifying or enhancing old standards and protocols.
   This document contains questions to be considered, as opposed to
   guidelines or rules that should in all cases be followed.  This first
   draft provides a framework for identifying and discussing questions
   of public policy concern, and invites members of the IETF community
   to contribute to the questions and discussions raised here.



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Conventions used in this document

   The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT",
   "SHOULD", "SHOULD NOT", "RECOMMENDED",  "MAY", and "OPTIONAL" in this
   document are to be interpreted as described in [RFC2119].


Table of Contents

   1. Introduction and Rationale for this Document...................2
   2. Scope of this Document.........................................4
   3. A Few Basic Definitions........................................5
   4. Questions about Technical Characteristics or Functionality.....6
   5. Discussion of Potential Public Policy Concerns................10
      5.1 General Comments..........................................10
      5.2 Content Censorship and Control............................11
          5.2.1 Government Censorship ..............................11
          5.2.2 Private Control of Content .........................11
      5.3 Discrimination Among Users and Content....................12
      5.4 Competition and Choice....................................13
      5.5 User Consent..............................................13
      5.6 Internationalization......................................14
      5.7 Accessibility.............................................14
      5.8 Personal Privacy..........................................15
          5.8.1 Consumer Privacy and Data Protection ...............16
          5.8.2 Privacy vis-a-vis the Government ...................17
   6. Conclusion....................................................17
   Security Considerations..........................................17
   References.......................................................18
   Acknowledgments..................................................20
   Authors' Addresses...............................................20


1. Introduction and Rationale for this Document

   This document suggests public policy questions that the authors
   believe should be considered and possibly addressed within the IETF
   when it is working on new or revised standards or protocols.  This
   document offers questions to be considered, rather than guidelines to
   be followed.  These questions are somewhat similar to the "Security
   Considerations" currently required in IETF documents.  [RFC2316].

   This document is inspired by and directly modeled on [RFC 3426],
   entitled "General Architectural and Policy Considerations" and
   published by the Internet Architecture Board in November 2002.  In
   RFC 3426, the IAB suggests architectural questions that should be
   considered in design decisions, without asserting that there are
   clear guidelines that should be followed in all cases.  This document
   attempts to follow in the spirit of RFC 3426 by raising questions to

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   be considered without asserting that any particular answers must be
   followed.

   This document is motivated by the recognition that technical design
   decisions made within the IETF and other standards bodies can have
   significant impacts on public policy concerns.  One well known
   example of this possible impact can be found in the implementation of
   IPv6 on Ethernet networks.  [RFC 2464], published in December 1998,
   specified that the IPv6 address for a computer on an Ethernet network
   would incorporate the unique MAC address associated with the Ethernet
   adapter.  After the publication of RFC 2464, a significant policy
   concern arose because the use of the unique and unchangeable MAC
   address would significantly reduce a user's ability to conduct
   private and/or anonymous communications using IPv6.  The IETF
   responded to those concerns by publishing in January 2001 [RFC 3041],
   entitled "Privacy Extensions for Stateless Address Autoconfiguration
   in IPv6".

   The goal of this document is that potential public policy impacts of
   technical design decisions will be identified and considered during
   the initial design process.  This type of policy consideration
   already happens in many cases within the IETF, but not in any
   systematic way or with any assurance that public policy concerns will
   be identified in most cases.

   A common assertion within the IETF is that "we don't do public
   policy."  The goal of this document is NOT to suggest that the IETF
   should "do" policy in the sense of intentionally conducting extensive
   debates on public policy issues.  But, as much as the IETF
   appropriately tries not to "do" policy, many of its actions and
   decisions squarely and significantly impact on public policy
   concerns.  This document seeks to encourage the IETF to acknowledge
   those times when a design decision might affect a policy concern, so
   that the community can make a reasoned decision on whether and how to
   address the concern in the particular situation.

   The authors see a range of important reasons why the IETF should seek
   to be aware of the potential public policy impacts of its design
   decisions, but will only suggest one here:  The chance that IETF
   standards will be widely deployed and then widely accepted in the
   market is higher if those standards minimize harmful social impacts.

   To be clear, it is not the view of the authors that impact on public
   policy concerns must be avoided at all costs (if that were even
   possible), or that if a particular proposed standard adversely
   affects a public concern (say, privacy) that the standard should as a
   matter of course be rejected.  Some beneficial technologies might
   unavoidably have secondary harmful impacts, and the benefits may
   outweigh the harms.  More generally, some technologies (such as those

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   that facilitate government surveillance) might intentionally
   compromise a public concern such as privacy.  Similarly, the inherent
   goal of some technologies (such as those that discriminate among
   traffic to provide assured levels of quality of service) might
   simultaneously be viewed by some as beneficial and by others as
   harmful.

   In all of these cases, there may well be good reasons to develop the
   technology notwithstanding the asserted harms to a policy concern.
   The central goal of this paper is simply to suggest that impacts on a
   public concern should not happen without clear recognition of the
   impacts, and without appropriate consideration of whether it is
   possible to minimize harmful impacts while still meeting the design
   requirements.


2. Scope of this Document

   The purported scope of this document is admittedly ambitious.  This
   document cannot possibly predict and identify all possible societal
   impacts of future IETF design decisions.  It does try, however, to
   identify a broad range of possible public policy impacts that
   experience suggests are most likely to arise.  This document is a
   first draft, and will require at least a few iterations before it
   covers a reasonably full range of potential issues.  The authors
   invite comments, and specifically seek suggestions of specific
   historic examples within the IETF where a public policy concern was
   raised by a technology proposal.  The more concrete examples this
   document can contain, the more useful it will be to the IETF
   community.

   There are two broad categories of public policy impacts that this
   document does NOT seek to cover with any thoroughness.  First, this
   document does not articulate the full range of concerns raised by
   traditional security problems in the network.  The IETF is already
   appropriately focused on security issues, and those in the Security
   Area are well able to identify and articulate the types of technical
   design decisions that can lead to security problems.  Many of the
   privacy concerns highlighted in this document raise related security
   concerns.

   Second, this document does not attempt to identify the enormous range
   of POSITIVE societal impacts that flow from network technology.  The
   vast majority of the work of the IETF -- from the introduction of an
   entirely new method of Internet use to the fine tuning of an existing
   routing protocol -- yields concrete and important social benefits.
   This document does not discuss these positive benefits, but takes as
   a given that technology proposals will not advance within the IETF


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   unless at least some portion of the community views the proposals as
   beneficial.

   This document is by no means an exhaustive list of public policy
   concerns that relate to the Internet.  This draft has instead focused
   on policy issues that the authors believe are most likely to arise in
   the IETF context.  In addition, the authors articulate a perspective
   that is in part a function of their country and culture.  It is the
   authors' hope that over time this document can be expanded to include
   the concerns of a broader set of communities.


3. A Few Basic Definitions

   This document will use a limited number of defined terms, which
   admittedly will not be precisely applicable in all situations:

   TECHNOLOGY shall refer to a technical standard or innovation being
   considered within the IETF, whether it is a "new" technology or
   standard or a modification to an "old" technology or standard.

   END USER shall refer to the user at one or the other end of a network
   communication, or an automated or intelligent proxy for a user
   located at the end of the communication.  Thus, a concern over, for
   example, the privacy of the End User would be applicable in cases
   where a client-side application communicated on behalf of an End
   User.  In some contexts, a corporation or other organized collection
   of human users might stand in the role of an End User.  In some but
   not all contexts, a communication might be from one End User to
   another End User; in other context, a communication might be between
   a Service Provider (defined below) and an End User.

   ACCESS PROVIDER shall refer to the entity that most directly provides
   network access to an End User or Service Provider.  In the case of
   End Users on the public Internet, a Access Provider will often be an
   Internet Service Provider that provides dedicated or dial-up network
   access.  In other cases a Access Provider might be a company
   providing access to its employees, or a university providing access
   to its students and faculty.

   SERVICE PROVIDER shall refer to an entity (human, corporate or
   institutional) that provides or offers services or content to End
   Users over the network (regardless of whether charges are sought for
   such services or content).  Thus, for example, a web site would be
   viewed as a Service Provider.

   A given entity (such as a company offering content on the web) might
   be viewed as an Access Provider (vis-a-vis its employees), as an End


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   User (vis-a-vis the ISP from which it obtains network access), and as
   a Service Provider (vis-a-vis End Users elsewhere on the Internet).

   TRANSIT PROVIDERS shall refer to one or more entities that transport
   communications between the Access Providers at either end of a
   communication.  Transit Providers are often thought to transport
   packets of communications without regard to their content (other
   than, of course, their destination), but increasingly some Transit
   Providers may handle traffic differently depending on the type of
   traffic.

   THIRD PARTY shall refer to any individual or entity other than End
   Users, Access Providers, Service Providers, and Transit Providers.
   For a given communication, Third Parties could include, for example,
   governments seeking to execute lawful interceptions, hackers seeking
   to interfere with or intercept communications, or in some situations
   entities that provide, under contract, content or functionality to a
   Service Provider (such as, for example, an entity that serves
   advertisements for insertion in a web page).

   In some cases the distinction between a Transit Provider and a Third
   Party may blur, if the Transit Provider manipulates or discriminates
   among traffic based on characteristics such as its content, sender,
   or receiver.  Similarly, the line between a Service Provider and a
   Third Party may blur as more service functions are contracted out.


4. Questions about Technical Characteristics or Functionality

   In this section we list questions to ask in designing protocols.  The
   issues raised by the questions are discussed in more depth in Section
   5 below.  We are not suggesting that each of these questions requires
   an explicit answer -- some questions will be more relevant to one
   design decision than to another.

   There is not a one-to-one correspondence between the questions listed
   in this section and the discussions in Section 5.  Instead, for each
   group of questions listed below, there are one or more references to
   later substantive discussions.

   Some of the questions will be easy to answer for a given technology.
   Others will require creative thinking to assess whether a proposed
   technology might be misused to achieve a result not intended by the
   technology proponents.

   This first draft addresses the most common and well-known areas of
   public policy concern, focusing on areas most likely to arise in the
   IETF context.  Subsequent drafts may include a broader range of
   policy concerns.

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   Bottlenecks, Choke-Points and Access Control:

   * Would the Technology facilitate any bottlenecks or choke-points in
   the network through which significant amounts of particular types of
   traffic must flow?

   * Would the Technology permit a Third Party (including a government)
   to exert control over End Users' use of the Internet as a whole?

   * Would the Technology permit a Transit Provider or Third Party
   (including a government) to exert control over the use of particular
   content, functionality, or resources?

   * Would the Technology permit an Access Provider or Service Provider
   to exert control over particular content, functionality, or
   resources, other than that known by the End User to be controlled by
   the Access Provider or Service Provider?

   * Would the Technology permit Third Party (including a government) to
   require that particular content or functionality be confined (or
   "zoned") into, or excluded from, any particular subpart of the
   Internet (such as a particular Global Top Level Domain)?

            See discussions of "Content Censorship and Control,"
            "Personal Privacy," "Discrimination Among Users and
            Content," "Competition and Choice," and "User Consent."

   Alteration or Replacement of Content:

   * Would the Technology permit a Third Party to alter any of the
   content of a communication without (a) the express instruction or
   consent of the Service Provider and the End User, or (b) the
   knowledge of the Service Provider or the End User?

            See discussions of "Content Censorship and Control" and
            "User Consent."

   Monitoring or Tracking of Usage:

   * Would the Technology permit the monitoring or tracking by a Third
   Party of the use of particular content, functionality, or resources?

            See discussion of "Personal Privacy."






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   Retention, Collection, or Exposure of Data:

   * Would the Technology require or permit the retention of any
   information about individual packets or communications, or individual
   End Users, either (a) beyond the conclusion of the immediate network
   or communications event, or (b) for longer than a reasonably brief
   period of time in which a communications "session" can be concluded?

   * Would the Technology permit the reading or writing of any file on
   an End User's computer without the explicit knowledge of the End
   User?

   * Would the Technology permit or require that information other than
   location and routing information (such as, for example, personal
   information or search terms) be made a part of a URL or URI used for
   a communication?

   * Would the Technology permit or require that personal or
   confidential information be made available to any Third Party,
   Transit Provider, or Access Provider?

            See discussion of "Personal Privacy."

   Persistent Identifiers and Anonymity:

   * Would the Technology require or permit the association of a
   persistent identifier with a particular End User, or a computer used
   by one or more End Users?

   * Would the Technology reduce the ability of a content provider to
   provide content anonymously?

   * Would the Technology reduce the ability of an End User to access
   content or utilize functionality anonymously?

            See discussion of "Personal Privacy."

   Access by Third Parties:

   * Would the Technology permit any Third Party to have access to
   packets to and from End Users without the explicit consent of the End
   Users?

   * Would the Technology permit or require any Third Party to store any
   information about an End User, or an End User's communications (even
   with the knowledge and consent of the End User)?

            See discussions of "Personal Privacy" and "User Consent."


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   Discrimination among Users, or among Types of Traffic:

   * Would the Technology require or permit an Access Provider or
   Transit Provider to provide differing levels of service or
   functionality based on (a) the identity or characteristic of the End
   User, or (b) the type of traffic being handled?

   * Would the Technology likely lead to a significant increase in cost
   for basic or widely-used categories of communications?

   * Would likely implementations of a new mode of communication require
   such a financial or resource investment so that the mode would
   effectively not be available to individuals, or small or non-profit
   entities?

            See discussion of "Discrimination Among Users and Content."

   Internationalization and Accessibility

   * Would the Technology function with the same level of quality, ease
   of use, etc., across a broad range of languages and character sets?

   * Would the likely implementations of the Technology be as useful to
   mainstream End Users as to non-mainstream End Users (such as, for
   example, End Users with disabilities)?

   * Would the Technology likely reduce the ability of non-mainstream
   End Users (such as, for example, End Users with disabilities) to
   utilize any common application or network functions?

            See discussions of "Internationalization" and
            "Accessibility."

   Innovation, Competition, and End User Choice and Control

   * Would the Technology reduce the ability of future designers to
   create new and innovative uses of the Internet, or new methods to
   accomplish common network functions?

   * Would the Technology likely reduce the number of viable competitive
   providers of any common application or network functions?

   * Would the Technology likely reduce the ability of small or poorly-
   funded providers to compete in the provision of any common
   application or network functions?

   * Would the Technology likely reduce the number or variety of methods
   available to the End User to accomplish common application or network
   functions?

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   * Would the Technology likely reduce the level of control the End
   User can exercise over common application or network functions?

            See discussion of "Competition and Choice."


5. Discussion of Potential Public Policy Concerns

   Below are brief discussions of common categories of public policy
   concern that might be raised by technologies developed by the IETF.
   The discussions are not intended to present comprehensive analyses of
   the policy concern, but are intended to assist in identifying
   situations in which the concern is implicated and should be
   considered.

5.1 General Comments

   The fundamental design principles of the Internet, including
   openness, interoperability, and the end-to-end principle, have
   themselves been critical contributors to the value of the Internet
   from a public policy perspective.  Thus, as a first rule of promoting
   healthy public policy impacts, the IETF should continue to maintain
   and promote the architectural goals that it has historically pursued.

   Because of this congruence between architectural values and public
   policy values, many of the design considerations in RFC 3426,
   "General Architectural and Policy Considerations," directly promote
   an Internet that is supportive of good public policy values.  As one
   of many examples, Section 12.1 discusses the value of user choice,
   and quotes [CWSB02] to say that "user empowerment is a basic building
   block, and should be embedded into all mechanism whenever possible."
   User choice is a fundamental public policy concern, discussed more
   below.

   [CWSB02], titled "Tussle in Cyberspace: Defining Tomorrow's
   Internet," is itself a valuable exploration of the intersection
   between technology design and public policy concerns.  A key premise
   of [CWSB02] is that "different stakeholders that are part of the
   Internet milieu have interests that may be adverse to each other, and
   these parties each vie to favor their particular interests."  Many of
   the "tussles" that [CWSB02] analyzes are situations in which public
   policy considerations should be assessed in making design decisions.
   More broadly, [CWSB02] provides to technology designers a conceptual
   framework that recognizes the existence of "tussles" and seeks to
   accommodate them constructively within a design.




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5.2 Content Censorship and Control

   As used here, the concept of censorship can encompass both
   governmental and private actions.

5.2.1 Government Censorship

   "Censorship" is most commonly thought of as government-imposed
   control or blocking of access to content.  Many believe that as a
   matter of public policy, censorship should be minimized or avoided.
   For example, in May 2003 the Council of Europe stated in its
   "Declaration on freedom of communication on the Internet" that
   "Public authorities should not, through general blocking or filtering
   measures, deny access by the public to information and other
   communication on the Internet, regardless of frontiers." [COE03].
   But not all censorship is viewed by all as contrary to public policy.
   In November 2002 in [COE02], the same Council of Europe specifically
   endorsed government regulation of "hate speech" on the Internet.

   Some technology is intended to control access to content.  The
   Platform for Internet Content Selection of the World Wide Web
   Consortium, [PICS], for example, was in part designed to facilitate
   the limitation of access by some users (children, for example) to
   certain types of content.

   Harder to identify are technologies not intended for content control
   but which can be used to censor or restrict access to content.  Any
   technology that creates or permits bottlenecks or choke-points in the
   network, through which significant traffic must pass, increases the
   risk of censorship.  Governments seeking to censor content or
   restrict access to the Internet will exploit network bottlenecks
   (albeit often bottlenecks created by network topology not technology
   standards).  [ZE02] documents Saudi Arabia's routing of all Internet
   traffic through central proxy servers, and [KB01] discusses the
   response of China and Cuba to the Internet, to achieve such ends.

   Governments also seek to control access to content through means
   other than direct censorship.  In the United States, for example,
   [CIPA] requires that libraries that receive certain government
   funding must use content filtering technology on Internet access they
   offer to patrons, and [DOTKIDS] requires the creation of a subdomain
   of the .US domain to be used only for children-suitable content.

5.2.2 Private Control of Content

   Governments are not the only entities that attempt to restrict the
   content to which Internet users have access.  In some cases Access
   Providers (commonly Internet Service Providers) seek to control the
   content available to their customers.  Some do so with full knowledge

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   and consent of the customers (to provide, for example, a "family
   friendly" online experience).  Others, however, favor certain content
   (for example, that of contractual business partners) over competing
   content, and do so without the clear understanding of their
   customers.

   Whether such private content control is contrary to public policy
   will turn on a host of specific considerations (including notice and
   alternative choice), but undeniably such content control raises
   policy concerns.  [CMCS02] illustrates, for example, the current
   debate over "network neutrality" in the United States.  These policy
   concerns are commonly phrased in terms of discrimination among
   content, and are discussed more fully in the next section.

5.3 Discrimination Among Users and Content

   In a simplistic conception of the early Internet, all traffic of any
   kind was broken into packets and all packets were treated equally
   within the network.  This idea has promoted a broad and strong
   perception of equality within the Internet -- one class of traffic
   will not take priority over other classes, and a lone individual's
   packets will be treated the same as a large corporation's packets.

   Any technology that moves away from this notion of equality -- even
   technologies that are clearly beneficial -- raise significant public
   policy questions, including "who controls the preferential
   treatment," "who qualifies for it," "will it require additional
   expenditure to obtain it," and "how great a disparity will it
   create."

   Thus, for example, quality of service and content distribution
   networks both raise questions about what and who will be favored,
   whether the rough equality of the Internet will be lost, and whether
   the financially strong will come to dominate the Internet and make it
   less useful for the less well off.  [BM00], for example, explores the
   policy concerns raised by content distribution networks.

   The concern over discrimination addresses both discrimination based
   on identity of user, and on type of traffic.  Content distribution
   networks enable, for example, individual web sites able to afford the
   CDN services to be delivered more quickly than competing web sites
   that are not able to afford such services.  In contrast, a core focus
   of quality of service efforts is on the need to provide enhanced
   levels of service to some types of traffic (e.g., Internet
   telephony).

   Concern about discrimination does not suggest that technologies that
   handle certain categories of traffic more efficiently should never be
   pursued.  The concern, however, may in some cases suggest that an

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   efficiency enhancement be structured so as to be available to the
   broadest classes of traffic or users.

5.4 Competition and Choice

   Critical elements of the Internet's development and success have been
   the ability to create new and innovative uses of the network, the
   relative ease in creating and offering competitive services,
   products, and methods, and the ability of Internet users to choose
   from a range of providers and methods.  Anything that reduces
   innovation, competition, or user choice raises significant public
   policy concerns.

   Indeed, the need for competition and user choice is perhaps greater
   now than in earlier days of the Internet.  There is a greater
   divergence today in the interests and agendas of users and service
   providers than in the past, and that divergence makes it more
   important that users be able to choose among service providers (in
   part to seek providers that they trust the most).

   [CWSB02] extensively addresses the important need for competition and
   user choice, and provides detailed suggestions and guidelines for
   Internet designer to consider.

5.5 User Consent

   A familiar public policy concern over user consent focuses on the use
   of personal data (as discussed more fully below under "Privacy").
   The usage here, however, has a broader meaning:  the consent (or lack
   of consent) of a user regarding an action or function executed by or
   within the network.

   Many actions performed using IETF protocols require the specific
   initiation by a user, and the user's consent can fairly be assumed.
   Thus, if a user transmits a request using SIP, the Session Initiation
   Protocol, it is safe to assume that the user consents to the normal
   handling and execution of the SIP request.

   Other actions performed using IETF protocols are not initiated by a
   user, but are so inherently a part of normal network operations that
   consent can be assumed.  For example, if in the middle of the network
   certain packets are slowed by congestion, it is safe to assume
   sufficient consent for congestion control mechanisms and rerouting of
   the packets.

   Uncertainty about consent arises, however, in areas where IETF
   protocols can be viewed as deviating from some conception of
   "normal."  A simple example relates to the evolution of caching,
   where as caching of various types of data became the norm, there

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   emerged a need to be able to set flags to prevent caching, which in a
   sense can be thought of as a form of negative consent.

   Middle boxes and other functions that deviate from the historic
   "norm" -- the end-to-end principle -- also can raise issues of
   consent.  For example, section 3 of [RFC3238], titled "IAB
   Architectural and Policy Considerations for Open Pluggable Edge
   Services," explores a range of consent and data integrity issues
   raised by the OPES protocol proposals.  As that analysis makes clear,
   the consent issue is not necessarily confined to the consent of the
   client in a client/server transaction, but may also involve the
   consent of the server to an action undertaken on the request of the
   client.

5.6 Internationalization

   [RFC3426] calls on protocol designers to ask the key question about
   "Internationalization":

   "Where protocols require elements in text format, have the possibly
   conflicting requirements of global comprehensibility and the ability
   to represent local text content been properly weighed against each
   other?"

   [RFC3426] explores the significant challenges raised by the need to
   balances these conflicting goals, and raises the possibility that the
   historic preference for the use of case-independent ASCII characters
   in protocols may need to change to accommodate a broader set of
   international languages.

5.7 Accessibility

   The concept of "accessibility" addresses the ability of persons with
   disabilities to use the Internet in general and the full range of
   applications and network functions that are commonly available to
   persons without disabilities.

   Although focused on the World Wide Web, [W3C WAI-TA] illustrates the
   concern and explains that a focus on accessibility is needed "to
   ensure that the full range of core technologies of the Web are
   accessible . . . .  Barriers exist when these technologies lack
   features needed by users with visual, hearing, physical, cognitive or
   neurological disabilities, or when the accessibility potential in the
   technology is not carried through into the Web application or Web
   content.  For instance, in order for a multimedia presentation to be
   accessible to someone who is blind, the markup language for the
   presentation must support text equivalents for images and video; the
   multimedia player used must support access to the text equivalents;
   and the content author must make appropriate text equivalents

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   available. These text equivalents can then be rendered as speech or
   braille output, enabling access to the content regardless of
   disability or device constraints."

   Many policy concerns about accessibility relate specifically to the
   user interfaces used by applications, and as such these concerns
   generally fall outside of the province of the IETF.  But in the
   Applications Area and to a lesser extent elsewhere within the IETF,
   some design decisions could ultimately constrain the accessibility of
   applications based on IETF protocols.

   The World Wide Web Consortium's Web Accessibility Initiative [W3C
   WAI] reflects a very well developed and comprehensive analysis of the
   technical and design issues raised by accessibility concerns.

5.8 Personal Privacy

   Individual privacy concerns are often divided into two components:
   First, "consumer privacy" (also termed "data protection") commonly
   addresses the right of individuals to control information about
   themselves generated or collected in the course of commercial
   interactions.  Second, "privacy rights vis-a-vis the government"
   addresses individuals' protection against unreasonable government
   intrusions on privacy, including the interceptions of communications.

   In the IETF context, a third category of privacy concern -- privacy
   against private interception of or attacks on data or communications
   -- is largely covered by the IETF's focus on security considerations.
   Although security considerations are crucial to privacy
   considerations, "consumer privacy" and "privacy vis-a-vis the
   government" raise significantly different issues than traditional
   security considerations.  With security considerations, a key focus
   is on maintaining the privacy of information against unauthorized
   attack.  Other forms of privacy, however, focus not on unauthorized
   access to information, but on the "secondary use" of information for
   which access was (at least temporarily) authorized.  The question
   often is not "how can I keep you from seeing my information" but "how
   can I give you my information for one purpose and keep you from using
   it for another."

   The questions raised in Section 4 above do not differentiate between
   the different categories of privacy, because for most purposes within
   the IETF, technologies that create risk for one type of privacy
   likely also create risk for other types of privacy.  Once a potential
   privacy concern is identified, however, the different types of
   privacy concern may present different public policy considerations.
   Indeed, the policy considerations may well be in tension -- a
   technology that permits a lawful governmental interception of a


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   communication may also increase the risk of unlawful private
   interception.

   Privacy considerations are too numerous and multifaceted to be
   adequately addressed in this document.  The discussion below only
   briefly covers the key privacy issues.  A forthcoming Internet-Draft
   on "Privacy Considerations for Internet Protocols" will address
   privacy issues more thoroughly.

5.8.1 Consumer Privacy and Data Protection

   Consumer privacy protection in many parts of the world is based on
   "fair information practices," which were authoritatively detailed in
   [OECD] by the Organization for Economic Co-operation and Development.
   Fair information practices include the following principles:

      * Notice and Consent - before the collection of data, the data
   subject should be provided: notice of what information is being
   collected and for what purpose and an opportunity to choose whether
   to accept the data collection and use. In Europe, data collection
   cannot proceed unless data subject has unambiguously given his
   consent (with exceptions).

      * Collection Limitation - data should be collected for specified,
   explicit and legitimate purposes. The data collected should be
   adequate, relevant and not excessive in relation to the purposes for
   which they are collected.

      * Use/Disclosure Limitation - data should be used only for the
   purpose for which it was collected and should not be used or
   disclosed in any way incompatible with those purposes.

      * Retention Limitation - data should be kept in a form that
   permits identification of the data subject no longer than is
   necessary for the purposes for which the data were collected.

      * Accuracy - the party collecting and storing data is obligated to
   ensure its accuracy and, where necessary, keep it up to date; every
   reasonable step must be taken to ensure that data which are
   inaccurate or incomplete are corrected or deleted.

      * Access - a data subject should have access to data about
   himself, in order to verify its accuracy and to determine how it is
   being used.

      * Security - those holding data about others must take steps to
   protect its confidentiality.



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   Many of these fair information practices are relevant to IETF
   protocols.  Even seemingly benign data and server logs can reveal
   important information about individuals users.  It is not sufficient
   to address the risk of a technical attack on a body of data, because
   privacy considerations must address the risk of non-technical attacks
   on data (through legal process, rogue employees, etc.).

5.8.2 Privacy vis-a-vis the Government

   Although privacy is internationally recognized as a human right, most
   governments claim the authority to invade privacy through the
   following means, among others:

      * interception of communications in real-time;
      * interception of traffic data (routing information) in real-time;
      * access to data stored by service providers, including traffic
   data being stored for billing purposes; and
      * access to data stored by users.

   These means of access to communications and stored data should be
   narrowly defined and subject to independent controls under strict
   standards.  Real-time interception of communications should take
   place only with prior approval by the judicial system, issued under
   standards at least as strict as those for police searches of private
   homes.

   In 1999, in the "Raven" discussions, the IETF considered whether it
   should take action to build wiretapping capability into the Internet.
   Ultimately, as detailed in [RFC2804], the community decided that an
   effort to build wiretapping capability into the Internet would create
   significant and unacceptable security risks.


6. Conclusion

   This document has sought to identify a range of public policy
   concerns that may arise in the work of the IETF.  The authors invite
   comments and suggestions about ways to make this document more useful
   and complete.


Security Considerations

   This document does not propose any new protocols or changes to old
   protocols, and therefore does not involve any security considerations
   in that sense.  Many of the privacy issues discussed here also raise
   security issues, but this document is not intended to be a
   comprehensive look at security issues.


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References

   [BM00]      Berman, J. & Morris, J., "The Broadband Internet: The End
                  of the Equal Voice?", Computers, Freedom & Privacy
                  Conference, April 2000.  URL
                  "http://www.cdt.org/publications/broadbandinternet.pdf
                  ".

   [CIPA]      United States Congress, "Children's Internet Protection
                  Act", December 2000.  URL
                  "http://www.cdt.org/legislation/106th/speech/001218cip
                  a.pdf".

   [COE02]     Council of Europe, "Additional Protocol to the Convention
                  on Cybercrime concerning the criminalisation of acts
                  of a racist and xenophobic nature committed through
                  computer systems," November 7, 2002.  URL
                  "http://www.coe.int/T/E/Legal_affairs/Legal_co-
                  operation/Combating_economic_crime/Cybercrime/Racism_o
                  n_internet/PC-RX(2002)24E-1.pdf".

   [COE03]     Council of Europe, "Declaration on freedom of
                  communication on the Internet," May 28, 2003.  URL
                  "http://cm.coe.int/stat/E/Public/2003/adopted_texts/de
                  clarations/dec-28052003.htm".

   [CMCS02]    Cooper, M., Murray, C., Chester, J., & Schwartzman, A.,
                  Letter to High-Tech Broadband Coalition, August 16,
                  2002.  URL
                  "http://www.mediaaccess.org/programs/broadband/chester
                  ltr090302.pdf".

   [CWSB02]    Clark, D., Wroslawski, J., Sollins, K., and Braden, R.,
                  "Tussle in Cyberspace: Defining Tomorrow's Internet",
                  SIGCOMM 2002.  URL
                  "http://www.acm.org/sigcomm/sigcomm2002/papers/tussle.
                  html".

   [DOTKIDS]   United States Congress, "Dot Kids Implementation and
                  Efficiency Act of 2002", November 2002.  URL
                  "http://www.kids.us/content_policy/kids_efficiency_act
                  .pdf".

   [KB01]      Kalathil, S. & Boas, T., "The Internet and State Control
                  in Authoritarian Regimes: China, Cuba, and the
                  Counterrevolution", July 2001.  URL
                  "http://www.ceip.org/files/pdf/21KalathilBoas.pdf".


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   [OECD]      Organization for Economic Co-operation and Development,
                  "OECD Guidelines on the Protection of Privacy and
                  Transborder Flows of Personal Data," 1980. URL
                  "http://www.oecd.org/EN/document/0,,EN-document-0-
                  nodirectorate-no-24-10255-0,00.html".

   [PICS]      World Wide Web Consortium, "Platform for Internet Content
                  Selection."  URL "http://www.w3.org/PICS/".

   [RFC2026]   Bradner, S., "The Internet Standards Process -- Revision
                  3", BCP 9, RFC 2026, October 1996.

   [RFC2119]   Bradner, S., "Key words for use in RFCs to Indicate
                  Requirement Levels", BCP 14, RFC 2119, March 1997

   [RFC2316]   Bellovin, S., "Report of the IAB Security Architecture
                  Workshop", RFC 2316, April 1998.

   [RFC2464]   Crawford, M., "Transmission of IPv6 Packets Over Ethernet
                  Networks", RFC 2464, December 1998.

   [RFC2804]   IAB & IESG, "IETF Policy on Wiretapping", RFC 2804, May
                  2000.

   [RFC3041]   Narten, T. & Draves, R., "Privacy Extensions for
                  Stateless Address Autoconfiguration in IPv6", RFC
                  3041, January 2001.

   [RFC3238]   Floyd, S. & Daigle, L., "IAB Architectural and Policy
                  Considerations for Open Pluggable Edge Services", RFC
                  3238, January 2002.

   [RFC3426]   Floyd, S., ed., "General Architectural and Policy
                  Considerations," RFC 3426, November 2002.

   [W3C WAI]   World Wide Web Consortium, "Web Accessibility
                  Initiative".  URL "http://www.w3.org/WAI/".

   [W3C WAI-TA]   World Wide Web Consortium, "WAI Technical Activity".
                  URL "http://www.w3.org/WAI/Technical/Activity.html".

   [ZE02]      Zittrain, J. & Edelman, B., "Documentation of Internet
                  Filtering in Saudi Arabia," September 2002.  URL
                  "http://cyber.law.harvard.edu/filtering/saudiarabia/".






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Acknowledgments

   The authors would like to thank Sally Floyd and the Internet
   Architecture Board for devising the approach to policy considerations
   used in [RFC 3426], which this document tries to follow.


Authors' Addresses

   John B. Morris, Jr.
   Center for Democracy & Technology
   1634 I Street, NW, Suite 1100
   Washington, D.C. 20006
   USA
   Email: jmorris@cdt.org

   Alan B. Davidson
   Center for Democracy & Technology
   1634 I Street, NW, Suite 1100
   Washington, D.C. 20006
   USA
   Email: abd@cdt.org




   PLEASE SEND COMMENTS AND SUGGESTIONS TO jmorris@cdt.org























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