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Am I crazy?

  • Mar. 11th, 2008 at 4:21 PM
katamari2
I'm tempted to start up an independent, free, and more better (to coin a phrase from my year 11/12 science teacher) version of http://www.truste.org as part of my research, taking on the ethical standards I'd like to set for informed consent procedures (which is what I'm writing my PhD on) and EULAs in particular.

TRUSTe is basically a certification thing, that certifies applications and websites against a bunch of "standards" (http://www.truste.org/pdf/Trusted_Download_Certification_Agreement.pdf for more details) for things like privacy, etc., but it costs like $$$ to "apply" for certification. While that may be cool for Microsoft etc. it kinda sucks for smaller independent developers.

Okay, now I've thought about it for 5 minutes I'm starting to realise this may not be so easy.
Major initial issues:
1) time for reviewing software
2) infrastructure (website etc.) -- pretty easy to do
3) maybe need lawyers?
4) my standards are pretty high, maybe it's impossible to meet them without getting in potential trouble (i.e. need lawyers)

What does The Internet think?

Comments

[info]wzdd wrote:
Mar. 11th, 2008 05:54 am (UTC)
Really preliminary response is that things like TRUSTe are a large, sue-able corporation first, and an app / web certification company second. That is, the point of them is that they're a big, identifiable target. Can you be a big, identifiable target?

The reason I say that is that I think the actual "certification" part is largely BS. The glue holding the scheme together is made of lawyers, not technology. I.E., Microsoft is passing the security buck to a third party to TRUSTe. Similarly, application and Web vendors also get to abdicate responsibility, because they will rely on TRUSTe's certification: if they get it, then they're "independently verified" and don't have to do any extra work.

So TRUSTe has to put on a good "magic tricks" show to convince people that its certification process is valid, but ultimately its job is to take the blame when something goes wrong.

[info]jasongrossman wrote:
Mar. 11th, 2008 09:04 am (UTC)
Then maybe what Catie wants to do is not what TRUSTe is actually doing but what it says it's doing.

BTW, I can out-cynical you. The point of TRUSTe may be to be UNsueable. It would be ideal if Microsoft etc. could pass the buck to a legal entity which looked like it was suable but effectively wasn't (e.g. because it didn't have enough assets to be worth suing). Although maybe that's what you meant anyway.
[info]wzdd wrote:
Mar. 11th, 2008 09:27 am (UTC)
Hmm, I wasn't actually trying to be cynical, but I can see on re-reading that what I wrote does in fact come across as quite cynical. I genuinely think the value in things like TRUSTe is in being a) a legal entity (which provides immediate value to companies) and b) being one of a small number of companies in the area (which means there may be value to end users of the sort that wouldn't exist if there were 1000 TRUSTe-alikes, each of which had similar but different standards for certification). That is, the TRUSTe model seems very similar to the model for SSL certificates, where the browser by default only trusts a small number of authorities (50 in Firefox).

I guess I went too far suggesting that the requirements for certification don't matter. They do matter, they're just secondary to the above two requirements.

But really only requirement (b) is necessary in order to provide value to companies (which I cynically suggest is a good motivation for them to undergo certification). To put (b) another way, Web sites only started implementing support for Firefox when it became big enough to matter, which started a virtuous cycle where more people became aware of Firefox, which created more Firefox users, who created further awareness, etc. Catie would need to become the Firefox of privacy certification.

[info]jasongrossman wrote:
Mar. 11th, 2008 09:31 am (UTC)
Right. TRUSTe is presumably the Internet Explorer, and the Firefox niche is still open for Catie to fill.
[info]jasongrossman wrote:
Mar. 11th, 2008 09:31 am (UTC)
P.S. I have laser eyes, so I can enforce compliance.
[info]wzdd wrote:
Mar. 11th, 2008 09:33 am (UTC)
That will be very helpful!
[info]liedra wrote:
Mar. 11th, 2008 12:11 pm (UTC)
Can I ask you to volunteer to help in my compliance division?
[info]liedra wrote:
Mar. 11th, 2008 12:11 pm (UTC)
Sure, but I don't want to be a privacy certifier, I want to be an "informed consent" certifier. I mean, I want to be able to certify that a piece of software has a well written useful to consumers EULA or equivalent that is informed consent-based rather than "covering our arses" based, if that makes sense. Everything else I agree with, though! I think TRUSTe is totally arse-covering based, whereas mine would be more aimed at companies and small developer groups etc. who want to show users they <3 them.
[info]elfishski wrote:
Mar. 11th, 2008 12:33 pm (UTC)
So the idea is that instead of people having 10 pages of legalese they're never going to read anyway but have a vaguely uneasy feeling about sometimes, they might have a certification badge which says that it's certified as being "what you would expect it to be and not a) trying to pull a fast one where they will claim to own your IP later, b) not effectively saying anything useful for anyone, or c) something else undesirable"? Then people can still read the EULA if they want, but the whole thing is more sensible?

Because that sounds useful to me, but it also sounds like it needs lawyers and stuff. It also seems a little different to what TRUSTe is doing, because that's more about websites having the competence at carrying out what they say they'll do (keep your data safe). At least that's what I guess after a brief glance?
[info]liedra wrote:
Mar. 11th, 2008 12:35 pm (UTC)
Basically, yes. It's a trust network in principle. And I think it would be useful, but as you say, I think it will also require lawyers ; ;
[info]liedra wrote:
Mar. 11th, 2008 12:35 pm (UTC)
er, not a network, more a single point of contact lol.
[info]jasongrossman wrote:
Mar. 12th, 2008 12:37 am (UTC)
What's the problem with needing lawyers? Obviously you don't need to pick the bad lawyers.

elfishski: "trying to pull a fast one where they will claim to own your IP later" -- is what they call IP spoofing?
[info]liedra wrote:
Mar. 12th, 2008 12:20 pm (UTC)
True, I just need to find some lawyers who are willing to help a law noob through things like this. Roslyn below may be able to! :D Fortunately I have a lot of law-talkin' friends.
[info]liedra wrote:
Mar. 11th, 2008 12:38 pm (UTC)
Er, also, it is sort of what TRUSTe is doing with their "certified download" thing. They have another arm that does privacy stuff.
[info]rorted wrote:
Mar. 12th, 2008 03:04 am (UTC)
As far as I can work out the incentive for software (adware) developers to sign up to the Trusted Download program is to make their software more attractive to potential "partners" so that it will be bundled. I guess this incentive disappears under your model, in which case how are you going to encourage developers to adopt?
[info]wzdd wrote:
Mar. 11th, 2008 12:48 pm (UTC)
Ah, okay, that's a bit different. That sounds like a good idea but it does sound like a lawyerly enterprise.

You could construct a general public EULA and be the head of the Free EULA movement!
[info]wzdd wrote:
Mar. 11th, 2008 12:48 pm (UTC)
and yes, doing so would make you crazy.
[info]liedra wrote:
Mar. 12th, 2008 12:20 pm (UTC)
I think I'd need to grow a beard ; ;
[info]liedra wrote:
Mar. 11th, 2008 12:16 pm (UTC)
Hehe, yes, that's what I want to do, but not on their whole privacy side, just their trusted download stuff.
[info]nslashk wrote:
Mar. 11th, 2008 02:24 pm (UTC)
And then Step 3 is profit? Why aren't you working on OUR idea, Robocop: The Musical? Once I win the rights in a that card game I got lined up we can achieve something that WILL make people's lives better. In light of all the above I urge you to get back to working on Act 2 (The musical number "Bitches Leave" has to be 4/4 time btw if we want to synch up a chorus from "(I'd Buy That) 4R$").
[info]liedra wrote:
Mar. 12th, 2008 12:29 pm (UTC)
n/k I am intrigued by your proposition and would like to subscribe to your newsletter!

PS I wrote the opening overture, I just have to get the Robocop solo "My Heart of Metal" pinned down.
[info]roslyn wrote:
Mar. 11th, 2008 02:28 pm (UTC)
Wow - what an interesting idea! My initial thoughts are that of course there will be difficulties, but it would be worth thinking through and doing some preliminary modelling before getting weighed down with them. My instinct is that it has legs. So to speak.

PS. I'm a lawyer! Pick me!
[info]rorted wrote:
Mar. 12th, 2008 03:05 am (UTC)
Wow - what an interesting idea!

How's that passive-aggressive Facebook app coming along?
[info]wzdd wrote:
Mar. 12th, 2008 12:33 pm (UTC)
Teehee
[info]liedra wrote:
Mar. 12th, 2008 12:41 pm (UTC)
lol ^^
[info]liedra wrote:
Mar. 12th, 2008 12:38 pm (UTC)
Well I might get my thesis done, chat with my supervisor and see what he thinks, then maybe set something up while it's getting marked, hehe :)

I think if I, say, get some backing from a university or something (i.e. don't look like a company out to make a huge profit or something) then it could work :)
[info]rorted wrote:
Mar. 12th, 2008 03:03 am (UTC)
I think more challenging than the initial issues you described is generating enough of awareness about what are EULA's/informed consent and why they're important to make you even potentially relevant to the user. Once (if) that's (ever) done, the next-biggest challenge is implementing the model that actually makes you relevant.

One model is to delegate trust, think the SSL certificate example mentioned by [info]wzdd: user trusts their browser, browser trusts a list of CA's, CA's verify individual certificates. Under this model the user trusts the "liedra-approved" stamp, so you're both the browser from a branding POV and the CA from a functional one. I think the challenge here is getting users to trust your stamp in the first place.

Another is to provide a framework for developers and users to make own trust decisions. I'm thinking something like Creative Commons except focused on clarifying EULA's from an informed consent focus rather than (or in addition to) a use restrictions one. Of course there's an element of trust involved this way as well, but it's a lesser one because the EULA is saying "you should trust me, liedra will explain why" rather than "just trust me, liedra will vouch for me". If you followed the CC model of supplying templates to developers you might need less lawyers too, as you could offer premade EULA's with no implied warranty (I think this is the way CC works anyway?).
[info]jasongrossman wrote:
Mar. 12th, 2008 08:59 am (UTC)
I like the first model. Users don't (hardly ever) want an explanation. They hate EULAs. Sometimes they don't care about them; sometimes they do. When they do, they'd love to delegate their trust, surely.
[info]liedra wrote:
Mar. 12th, 2008 12:40 pm (UTC)
Yeah, that's precisely what I'm thinking of. Being the trust centre for EULAs.

I think though that you could incorporate the second into the first though, and have "template" styles that will let companies write nice EULAs easily, then have a second stage where they are essentially audited for compliance with my standards.
[info]rorted wrote:
Mar. 13th, 2008 03:34 am (UTC)
In reality both of the models I mentioned delegate trust about different decisions. In the former the user trusts liedra's judgement over whether the application as a whole is good or bad, in the latter over her analysis of what the software['s EULA says it] will do.

I guess the problem I see with the first model is that liedra and the user might have different ideas about what types of software behaviour are good/bad. For example I might be happy to install software that pops up ads or transmits anonymous usage data, so long as it doesn't log my keystrokes or send a list websites I visit etc. However if liedra decides this particular software is bad I won't be given the opportunity to make a judgement about whether it's acceptable to me.
[info]liedra wrote:
Mar. 13th, 2008 03:46 am (UTC)
I was thinking some way around that would be to have a "liedra doesn't think this software is particularly bad and has therefore certified it, but here are some things you may wish to assess for your own purposes: this application will: a) send non-identifiable information about you to its own servers, b) send non-identifiable information about you to a third party's servers, c) come kill your dog" etc.

I could substitute a labelling system here for words but that could confuse things a little. Or have profiles for different "types" of certification that users might be particularly concerned about. (Not sure on the latter, that'd be quite complicated I think... heh.)

Another thing that could be done is set up profiles for the users, e.g. rorted likes software with conditions A B C but not D E F, and some how when rorted installs an application it checks against the database and sees if it fits rorted's requirements. However, that's less likely to be picked up because it either requires extra coding on the company's part or some sort of software app that sits running all the time waiting for you to install an application. It'd be nice to just avoid that and have a thing that identifies it immediately at the place of download or purchase.
[info]rorted wrote:
Mar. 13th, 2008 05:31 am (UTC)
I think labelling could work, for instance you could have variations of the liedra-approved stamp with taglines such as "some privacy concerns" or "some behavioural concerns" (with better-chosen wording though ;) and make developers link the stamp to a more detailed explanation.

The user profiles idea seems like the ideal solution as users would only need to decide once about each type of behaviour. I was thinking of something like this earlier and came to the same conclusion as you did about its feasibility. In a perfect world the OS/package manager would include an interface which warns of software which doesn't comply to the users profile/uncertified software when the user tries to install, but I can't see how that could be implemented without universal acceptance of liedra's certification system by everyone at the same time. What you've suggested above seems like the best compromise for the time being :)
[info]unwesen wrote:
Mar. 15th, 2008 10:22 am (UTC)
Labelling and certification types
I do think that labeling would work, and would work even better if you give labels to different types of behaviour.

Think of your certificate as being made up of up to 5-6 (more gets seriously confusing) badges, each for a specific type of application behaviour. One such badge might represent the harvesting of information, another the sharing of information with 3rd parties, and a third "other" concerns.

Giving the earlier example, the first badge might be yellow (information is harvested, but anonymous), the second yellow (3rd parties get information, which would normally spell a red badge, but since the info is anonymous, it's all good), and the third one red because no-one likes their dog killed (I hope).

The hard part would be to come up with a scheme for how to judge a piece of software in all those categories, and how the categories influence each other. Being colour-coded like that, you can see at a glance whether or not an application looks dangerous or not, and you can still provide details about why you judged the way you did.

Since the app above might be ok for you, you might not want to have a red-yellow-green labelling system. If you go for a red-green-"green with sparkly bits" kind of labelling system, your app would look reasonably good (except for the killing of dogs). Anyway, the point is that the way you represent your score is important.

I've had the opportunity to watch parts of a security certification process from the receiving end, i.e. our in-house software was meant to be certified. A large number of the standards you have to pass is pretty stupid, truth be told. But the real money-maker in the business is that you charge for each version of the software that's being submitted for review. Not only does that mean that your next release needs to be reviewed for money, it means that if your app fails the review process and you modify it to change that, you pay again.
[info]liedra wrote:
Mar. 12th, 2008 12:41 pm (UTC)
See response to jason below if you're not following this thread! I like this idea very much and it's basically what I had in mind :)
[info]jasongrossman wrote:
Mar. 17th, 2008 08:47 pm (UTC)
If I add a content-free comment to a dead thread, does it restart it?

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