Saturday, August 31, 2013

Terms of Service, Over Before it Began

                Should the United States federal government decide that they wanted to create either a Terms of Service (TOS) document, they would find it difficult to enforce. As it TOS agreements are constantly disregarded by end users now. They are commonly countered by jailbreaks and key generators. Any attempt to instate such type of agreement for the internet as a whole will see methods designed to bypass or eliminate the restrictions imposed by the contract. This is not even taking into consideration how many ways currently exist for this document to be bypassed or ignored.
                One of the easiest ways for this contract to be ignored is for a US citizen to use a Wi-Fi hotspot in another country. As the US is the only country which would have an internet TOS contract, the hotspot by default would not forward the user to the “Please accept US TOS” page. As there is no way currently for a wireless access point to know that this new device belongs to a US citizen, they would be allowed to access the internet without agreeing to the US TOS.
And even if there was a way for the wireless access point to know that the device belonged to a US citizen, you would need every other country to force all of their citizens to configure their devices to perform the necessary checks for any US citizen connecting to their access point. It is very unlikely that every other country would force their citizens to perform this reconfiguration of their devices considering some of the countries are antagonistic towards the US. They would take offense if the US tried to make and enforce laws in their countries possibly leading to further hostility and perhaps even attacks on the US for our interference in the way their countries are run. Then even in the countries that might comply with this, there would be problems having the owners of the access point perform this reconfiguration as not every citizen has the technical knowhow to make the change on their equipment. This would mean that all a user needs to do to bypass this restriction is connect to an internet connection outside the country.
                The next way I can easily think of is using a service such as the onion router (TOR) or a virtual private network (VPN). These services would create a secure channel between your computer and another computer. If the exit computer or exit node of this channel was outside the US, then any web traffic sent from the exit node would be seen as coming from a non-US host and therefore would not be subject to the US TOS monitoring.
As VPNs are used extensively in businesses across the world and TOR was produced and distributed by the research laboratory of the US Navy, there is no way for the US to ban or block these services. Banning TOR would be counterproductive as it assists in providing people with access to socially sensitive topics such as chat rooms and web forums for rape and abuse survivors. Banning VPNs on the other hand would cause an economic nightmare as international businesses would be unable to transmit data from the offices in the US to another office securely and easily. This might cause a few businesses to move out of the US and therefore possibly cause an economic recession or even an economic depression if enough businesses move out.
            These are just two examples of how any attempt by the US government to create and enforce a TOS agreement on its citizens could be bypassed. Should this actually come to pass, I am sure that other ways would be quickly found. This would make the purpose of the TOS agreement moot as the only people which would be using it would be the law abiding citizens. Overall this would just be an extreme waste of time and money for our government as the people that the TOS were aimed at would use work-arounds such as those mentioned above to invalidate any monitoring brought about by the agreement. 

No comments:

Post a Comment