Why Can’t Bombim Keep It Up?

 According to this,  PHNET , the operator of the EDU.PH domain, can’t keep its servers up for an acceptable period of time.  Bombim Cadis, the chief technical officer of PHNET, replies as follows:
Are you sure that your data are 100% accurate? I am ready to show PHNET’s log files from its monitoring stations to any independent technical consultant CICT names and show PHNET’s system to the CICT for CICT to independently evaluate. Amazing.  He wants to show PHNET server logs to show that PHNET servers were up.  Pretty credible stuff there, Bombim.  As I mentioned elsewhere (see comment no. 42),  this evidence is referred to as “self-serving.”  I might as well tell you that I’m a great lawyer because my 6-year old says so.

The more relevant question is:  “Has the government been getting technical advice from someone who can’t maintain DNS servers to a level acceptable by global standards?” 

Sen. Roxas Slams CICT

In an INQ7 report, Sen. Mar Roxas criticized CICT for excessive government intervention in the sector preferring market forces over paternalistic interference.

The Magician

It’s refreshing to read something positive for a change. Here’s an Atlantic Monthly article about The Magician.  (The link will die in 3 days, i.e., Feb. 26, 2005).

Do We Need a DICT?

In a commentary appearing in Inq7, Mano Alcuaz supports the view that the DICT need not be a large bureaucratic entity. He argues that the DICT (or whatever Congress decides to form) should act like a CIO for the government. Reading through his list of suggestions, I realized that all of them can be undertaken by the National Computer Center. More importantly, a department need not be created to what he proposes. The current set-up of CICT would suffice.

For me, I believe a DICT isn’t necessary for two reasons. First, we need to realize that ICT-related problems are temporary. In the near future, ICT issues will blend into the landscape and disappear altogether. All we need is a nurse-maid to get us through this transition period not a full-time doctor. What are we going to do with DICT when ICT isn’t a problem anymore?

Second, we have to accept that creating a new department will not make the industry grow any stronger than it is. I don’t believe the government can take credit for the growth of either the semi-conductor or the call center/BPO industry. Market forces and inherent competitive advantages are responsible for that. If we let market forces work, we’ll see how the industry will evolve. At best, government can be a strong supporter – a cheering squad, if you will. It’s unrealistic to think that the DICT can carry the ICT industry to some rosy future. The industry can do it on its own without government help. They always have anyway.

Blogging and Copyright

Janette Toral writes in her Sun Star column about blogging and copyright. She says:

An email is considered copyrighted by the person who sent it, once sent. Forwarding or publishing it without the consent of the person who wrote it is a violation of his copyright.

Does this mean I’ve violated the copyright to her column? The answer is no. But she isn’t entirely off the mark. Copyright law prohibits the “copying” of certain expressive works (text, music, lyrics, art, pictures, etc.). In the “cut and paste” world of blogs, one could say that massive copyright infringement is the norm.

However, copyright law is not absolute. It recognizes that the copying of material is necessary for activities that have societal value - such as criticism or dialogue. This forms part of what is known as “fair use” which permits the copying of copyrighted works only to the extent necessary to fulfill a legitimate (usually non-commercial) purpose and so long as the use does not affect the present (and potential) market for the work.

Publishing someone’s work without permission may violate that person’s privacy but that’s a separate issue. If you’re doing copying material in order to comment or analyze the statement made, it’s allowed under our copyright laws. Of course, it’s a good policy to copy only so much of the work that’s necessary. Note that I didn’t quote Janette’s entire column (but provided a link).

I must say that on the whole, I haven’t seen a blog that has committed copyright infringement (insofar as text is concerned). A blog, by its nature, is the blogger’s original work and any copied text is usually incidental to the blogger’s discussion of an issue and not intended to exploit the copied work for personal gain.

CICT Commissioner in Conflict of Interest?

Perhaps CICT Commissioner Emmanuel Lallana should ask his former employer, the Foundation for Information Technology and Education (FIT-ED) to update their website which still lists him as Vice-President . A recent story in Inq7 reports that FIT-ED is currently part of an organizing group formulating the national strategy for ICT in basic education. The organizing group includes CICT Commr. Lallana whose Human Capital Development Group is obviously a beneficiary of the project. If Commr. Lallana is still connected with FIT-ED, this project might create a conflict of interest. But I don’t think that’s the case which is why a website update might be in order.

In a related story (reported in PhilStar ), Commr. Lallana’s (former) boss at FIT-ED, Bobby Romulo , is being hounded by former Solicitor General Frank Chavez (in part) for holding a position in FIT-ED while serving as a presidential adviser on ICT strategy. Here’s a quote from Mr. Chavez:

“Romulo is a senior adviser on international competitiveness with portfolio on international finance, investment, trade and information and communication technological strategy - the same areas where Romulo’s private corporations, corporate holdings and foundations have particular interests and advocacies that he would naturally want the government to adopt.”

Note also that the President’s daughter, Luli Arroyo, works for FIT- ED .

Don’t get me wrong. FIT-ED (and Commr. Lallana himself) has done some impressive work in the area of ICT policy and, to my knowledge, Luli Arroyo herself is beyond reproach. If the close relationship between the foundation and government is perfectly legitimate, it might make sense to articulate that view publicly. (More unsolicited advice).

Stress Test?

Look at the picture below.  According to an email I received, the slower the motion you see, the better equipped you are to handle stress.  Supposedly, criminals see the picture move wildly while older people and children don’t see any motion at all.  Is this true?

Try it out.  BTW, here are two (1 & 2) other pics you can look at.

On-Line Conference on Blogging

Last week, the Philippine Internet Commerce Society (PICS) organized a virtual conference on the commercial potential of blogging. (see INQ7 story)  I was initially under the impression that the conference would be closed to PICS members.  It turns out that the session was open to anyone interested in blogging.  Another one is being organized also on the topic of blogging and I promise to post an invite here and in Pinoyblog.Com when the notice comes out.  I hope you’ll participate. 

Bloggers as Persuasion Mobs

Eugene Volokh has an excellent post on bloggers acting as mobs.  He argues that they’re not a lynch mob but a persuasion mob. 

Google Terminates Blogger?

CNET reports that Google has terminated the services of its employee who blogged about his impressions of his new employer. The employee was only on the job for 11 days.  The article goes on to say that under the law in some States (so-called at-will employment laws where the employee can be fired at will or for no reason), the employees are particularly vulnerable to termination for not protecting the employer’s public image. 

It seems to me that there are no similar laws in the Philippines.  Under our Labor Code, an employee can only be terminated for cause which does not (in my opinion) include publicizing embarrassing facts about your employer.  After all, the law on privacy in this country is still in its infancy and employees can argue that the employer has no right to privacy — especially in situations where the employer is not a real person (i.e., a corporation or partnership). (more…)

All You Wanted to Know About Internet Governance in One Site

NetDialogue was launched today.  It aims to synthesize the various initiatives by a host of international organizations over numerous Internet issues.  If you want an overview of the work that’s being undertaken to regulate various aspects of the Internet, this is the place to go.  Kudos to folks at the Berkman Center and the Center for Internet and Society!

Domain Names and Likelihood of Confusion

In a recently decided case in the US, a District Court ruled that the effortless nature web-surfing makes it easier for a consumer to be confused about a site’s ownership (thereby resulting in trademark infringement).  The Court said:
Several courts have noted that the quick and effortless nature of “surfing” the Internet makes it unlikely that consumers can avoid confusion through the exercise of due care:
In the internet context, in particular, entering a website takes little effort - usually one click from a linked site or a search engine’s list; thus, Web surfers are more likely to be confused as to the ownership of a web site than traditional patrons of a brick-and-mortar store would be of a store’s ownership.
As a result, “ordinary Internet users do not undergo a highly sophisticated analysis when searching for domain names.” The Court fails to consider a fundamental truth about the Web — that it is a platform riding on a sea of information.  Users can easily verify the sponsorship of a site by relying on a slew search engines.  Information from searches leads to more information  (like urban legend sites or blogs) that can help the user confirm a site’s authenticity.  The point is that in brick-and-mortar stores where the consumer is misled as to its sponsorship (like walking into a Mang Donald’s in Pasig), the consumer would have no easy way to find the authentic store.  That’s just not true on the Web.  (more…)

VAS & VoIP

According to a news item, NTC Director Edgardo Cabarios said that:

The hands of NTC are tied to the Republic Act 7925 [Philippine Public Telecommunications Act of 1995]. As much as there is ground to penalize chikka.com, we cannot do so because there are no penal provisions under the law. We can only order the telcos to stop charging subscribers who receive messages from chikka, Mr. Cabarios said over the telephone. This has some interesting implications for Voice over IP (VoIP) which some sectors are lobbying to be classified as a Value Added Service or VAS:

• First, it’s not a crime to operate a VAS without complying with R.A. 7925. In fact, there’s no penalty at all that the NTC can impose on the errant VAS.  This means that if NTC classifies VoIP as a VAS, then unregistered operators can ply their trade without fear of penal sanctions.
• Second, if you don’t register as a VAS with the NTC, the latter won’t run after you directly but only indirectly - by ordering the PTEs to disconnect you financially.  This means that the NTC will use the PTEs to enforce their regulatory authority.  In the VoIP context, the PTEs would only be too happy to oblige.

(more…)

A Pair of Beacons in the South

As a teacher, I often question whether the Filipino educator is world-class.  Suffice it to say that a pair of Iligan City high school teachers have answered that question by proving that limited resources is no barrier to a good educational experience. Congratulations to Lorna Tumampil and Sherlita Daguisonan who each have won Microsoft’s Philippine Innovative Teachers Leadership Awards.  Mabuhay kayo!  (see the Inq7 Story).

Can We Please Re-Classify One Million ICT Jobs?

The CICT released the figures showing the break down of the 1 million ICT jobs into sectors.  I’ve been trying to locate my copy of the document but if memory serves, it showed a disturbing trend wherein a greater proportion of ICT jobs will come from the Contact Center/BPO sector while the number of jobs in the software sector will proportionately decrease.  This means that  by 2010,  our ICT sector will be dominated by low value-added ICT workers while high value-added ICT workers will proportionately decline.  This means that at some point in the next 5 years, the CICT will focus its attention more on a low value-added  sector.  While this may be inevitable given the impressive growth of the Contact Center/BPO sector, I don’t understand why this is a desirable result. 

For me, it’s a question of classification.  Once we recognize that Contact Center/BPO jobs are not ICT jobs but ICT-enabled jobs, then we can start focusing on the true ICT sector.  And that sector needs the support of government in order to grow and compete in the global arena.  The government must remove low-value added jobs as the centerpiece of the 1 million ICT jobs and reclassify it appropriately so that the CICT can train its sights on growing the high value-added ICT sector (i.e., software development, etc.).  It’s far more difficult and challenging task but one that the CICT can ably perform if it wanted to.

Jose Almonte on Economic Liberalization & Political Freedom

What follows is a  speech read by Gen. Jose T. Almonte, National Security Adviser in the Ramos Administration, to a gathering of the Foundation for Economic Freedom Fellows last January 18. The Foundation for Economic Freedom is a not-for-profit, nongovernment organization that has relentlessly advocated for good governance and market-friendly reforms in the last eight years. Its fellows are among the country’s most notable economists, political analysts, business practioners, and public officials.

Can the Philippines deal with its problems democratically?
By JOSE T. ALMONTE AN ONSET OF CULTURAL PESSIMISM?
Three and a half years into her rule, President Arroyo has yet to relieve Filipinos of their despair about our country’s prospects, which had befallen them during the Estrada Administration.

So far, she has failed to deploy the moral power latent in the Presidency, which alone can elicit the civic commitment of citizens.

So far, she has been little more than the consummate politician — whose first obligation is to those who had paved her way to power. And, since her support in the May 2004 elections had come mostly from the poorer, more patronage-oriented regions of the archipelago, Mrs. Arroyo has accumulated many political debts indeed. (more…)

A CICT Commissioner Blogs

I’m happy to report that CICT Commissioner Domingo Damian (better known as Dondi) Mapa has started blogging.  This is great news.  I hope the blog can be a venue for discussing policy issues as Dondi reportedly handles the Internet Governance issues for the Commission. Visit his blog and post a comment.

If memory serves, this is probably the first time an Undersecretary-level goverment official has started a blog.

ICT Worker Database?

The Inquirer reports that the CICT, through Commr. Dondi Mapa, will set up an ICT Worker Database. The news item goes on to say:

The profiles of those registered in the database will be used for surveying purposes, he said.

To build up the database, ICT workers who register at the website will be encouraged to ask other ICT workers to join in a manner similar to that found in social networking sites such as Friendster, Mapa added.

Registered users earn points when those they refer also register in the database. Points can then be redeemed for prizes such as mobile phones and other electronic gadgets, the official said. I think the proposed site raises a variety of issues foremost of which relates to relevance. Who are ICT workers and why do we need to keep track of them? It’s implied that the CICT wants to make sure that these folks are properly tallied up for the President’s jobs creation target of 1 million for the ICT industry by 2010. But will the site do a good job of tracking these workers? (more…)

The President and Cybersex

The President has weighed in on the cybersex trade by ordering a crackdown. Interestingly enough,  while the President seems adamant in putting a stop to this, the law enforcement officers have found that the law is inqdequate given the recent dismissal of the case filed agains the accused in a raid in Pampanga.

I’m told that the accused in the recent Las Pinas raid was charged with a violation of the recently passed Anti-Trafficking of Persons Act — the same one used in the Pampanga case. The charge is improper because the law is clearly inapplicable. It seeks to punish the trafficking of persons and pre-supposes that the victims are held against their will.  That’s not true in the case of cybersex dens where the women voluntarily ply their trade and earn upwards of 2 million pesos a year in the process.  Without any victim to speak of, I wonder how the PNP hopes to build its case. (more…)

What “Technical Questions” Mean

I must say that Erwin Oliva’s coverage of the dotPH issues has been, at times, one-sided. Many of the stories he writes quote only from Ver Pena with whom it seems he has unprecedented access. Oftentimes, he doesn’t even attempt to contact dotPH for their side. I’ve given up trying to figure out why. So, I was pleasantly surprised at his recent story (that saw print) where he quotes liberally from my brother’s blog.

I am mentioned in the article as follows:
Peña asked Disini in a meeting with his brother Jesus (a lawyer) and dotPH spokesperson Emil Avanceña two weeks ago, to submit a formal letter enumerating the concerns they had about the CICT guidelines.

Disini has argued that the government guidelines do not provide enough information to allow dotPH to make a decision.

“So I told them to document [the] questions that they have about our guidelines,” Peña said.

Most of the concerns of the dotPH were “technical” in nature, but generally they wanted some assurances from government that they would not be short-changed, he added. While the above encapsulates some of the points raised during that meeting, I believe Erwin has missed out on the most pertinent point in the discussion: that neither the CICT, NTC, or AdBoard had any idea how to proceed with implementing the Guidelines. Maybe for them, these are mere “technical questions” but for me, it’s a question of governance. (more…)