Wednesday, December 12, 2007

PAYPAL SUCKS! - Really? So Now What?

While attempting to download a pdf version of a roleplaying game adventure from Paizo.com's download section, an online market that carries products made by Paizo as well as other more obscure game publishers, I was rudely surprised when I discovered that Paizo would not accept payment thru Paypal. Angered, I promptly located the site of the game publisher, Expeditious Retreat Press, and to my surprise, I could not make any purchase via Paypal. My curiosity having been piqued, I surfed the indie roleplaying forums and discovered that several online sellers refused to use Paypal. Further investigation revealed the ff site http://www.paypalsucks.com/

At first I wasn't worried, the internet is crammed full of websites that are simply hate attacks on anything and everything that is beneficial to man. However, upon examining the data available on the site, I began to have doubts over my continued patronage of Paypal. The ff are some of the reasons for my alarm:

1. If you read and accept PayPal's ToS (Terms of Service) you are in effect waiving your rights to credit card consumer protection laws against unauthorized charges, and you may not issue a chargeback for anything you purchase using your credit card and PayPal account that you are unsatisfied with.

2. Paypal used to hide their telephone number, intentionally, and only provided support via "form" emails. The only reason their number can be found now is because they were forced to by law (EFTA Electronic Funds Transaction Act).

3. Paypal can unilaterally freeze and debit accounts with no process of appeal available to the account holders. Paypal is judge, jury and executioner.

4. Paypal unilaterally changes its TOS without notice to the account holders.

Whoa! But is it true? As a Paypal user, I have never encountered any problems with the services of Paypal even when I made purchases from certain adult sites and it would be improbable for Paypal to have grown to such a size and dominated its competitors so thoroughly if it gave lousy service.

Regardless of the danger of abuses of Paypal, users like myself are held hostage by the lack of any real alternative. How else can we download the latest "adult spectacular" or make a purchase of a Psylocke action figure variant? Use our credit cards and run the risk of our account getting hacked?

At least, American users have adequate consumer protection as their Congress enacts laws such as EFTA which are tailored for companies that have a business model like Paypal's but we Filipinos seem to have to rely on the provisions in our New Civil Code as a basis for any claim against Paypal should the need arise. The General Banking Law might be a viable alternative as the acts of Paypal could be analogous to the deposit taking activities of banks. However, the choice of which law can be made to apply to Paypal seems to be one of characterization that only courts can make so until someone files a claim against Paypal or other online money transmitters in our courts, the remedies available against abuses of such corporations remain academic.


Sadly, E-Governance insofar as new and effective legislation to protect online purchasers and sellers seems not high on the list of objectives of the Philippine government.



Monday, December 10, 2007

A Hi-Tech College of Law

The nominees for the deanship of the UP College of Law have spoken. Professors Danilo Concepcion and Marvic Leonen have submitted their vision papers and action plans for the college. It is interesting to find the following plan in Professor Leonen's paper, Making a Real Difference: A Vision, A Plan, An Agenda for Discussion:

"6. We should continually upgrade our library and information communication technology facilities.

We should have a fully functional wifi network and make the most of the advantages provided by our local network and the internet. The establishment of a student computer loan program should be explored. Faculty members will be encouraged to make use of the internet to communicate better with their students and provide more value added in their courses."


I'm happy to find something like this in a deanship nominee's vision-action paper. I believe that it is essential for the law school to have up-to-date ICT facilities. Access to technology would help improve the quality of education being offered in the college. It would also allow more efficient delivery of services to the law school community and to the public.

A student computer loan program would be very helpful. Law students often need to make reviewers and digests for their classes. Some professors also require the submission of papers in class. A computer would also be a good investment for soon-to-be lawyers who would greatly rely on computers to make the required pleadings.

Perhaps this plan could also include an upgrading of the OLA computers. The interns depend on these computers to make their manifestations, motions, petitions, etc. And considering how busy everyone is and how everyone seems to be in a rush to meet deadlines, fast computers are a must. But ask any intern and he or she will have a horror story about these slow OLA computers. I always feel like hyperventilating due to impatience everytime I try to use them. It doesn't help that most of them don't have USB ports or CD drives. Most of the time, the interns are forced to do their work at home in order to avoid the problematic computers. In order to address this problem, I believe that the OLA's ICT facilities must also be upgraded. In doing so, it can better serve its clients.

I know that upgrading the law school's ICT facilities would require funding which may not be easy to find. But hopefully, the next dean will be able to help the college raise the funds needed to implement this plan. I also hope that Professor Concepcion would come up with a similar plan should he be appointed as the next dean of the college.

While 90% of legal education would be about learning the law, I believe that the other 10% should be about making it easier for the students to learn it. And an incorporation of updated ICT facilities in the college would definitely make it easier and perhaps even more fun for the law students.

Of Anonymity in Cyberspace and Unknown Enemies

The advent of the Internet has made the rapid growth and development of economies possible, encouraging transactions even across territorial boundaries. It has made the exchange of ideas and information similarly faster and easier, without discrimination as to the value or content of the data transmitted. Naturally, the world wide web has become the newest form of self-expression. After all, it is a particular form of media which allows for reasonably equal exposure for all users and seemingly unlimited space for all. Indeed, if the number of weblogs and webpages across cyberspace is any indication, the Internet is a veritable abyss of information offered by everyone to anyone, truth and accuracy not guaranteed, of course.

While the Internet is an ideal platform to disseminate vital news, given the extent of its reach, it is just as ideal a platform for one to expound on his or her opinions. Whether it's strong language on the newest State policy, mild comments on the quality of food offered around the metro, or passionate condemnation of the latest showbiz shenanigans, the Internet is often as colorful and unedited as it is anonymous. While the criticism of a million angry bloggers may be understandable, and even acceptable, with reference to a public figure, the anonymity provided by cyberspace is far more sinister with regard to private people.

Whereas public figures submit their lives, to a certain extent, to public scrutiny, private individuals unfairly disparaged are at a greater disadvantage because their reputation and lives are published for the consumption of a global audience. Where anonymity is used as a cloak to spread rumors, or to publicize otherwise confidential information, the Internet becomes a free-for-all arena. Of course, not everyone will read the malicious comments of a vicious critic going by a screen name, but all that is necessary to ruin a reputation is the attention of someone who knows the subject personally.

Indeed, a casual perusal of social networks like Friendster, Pinoyexchange, or our very own peyups.com will easily reveal the extent of rumor-mongering anonymity can engender. Comments on a person's character, romantic history, and sexual behavior--conjectures ordinarily kept to oneself or to a few friends--are posted with abandon as "opinions," nevermind the fact that the online community is composed of the very people with whom the subject under discussion regularly interacts with. Often, it is the victim or his or her friends who has to find ways to redeem him- or herself online, posting lengthy explanations and sometimes, similar strong language. In a country which has criminalized slander and libel as a necessary limit to the freedom of self-expression, there is something distasteful about the victim being forced to fight unknown enemies on their territory and on their own terms.

A person's reputation is just as valuable in the virtual world as it is in reality, perhaps even more so, because one often has no other means to defend his reputation from attackers in cyberspace.There needs to be a system of accountability in the Internet, as in all other fora, or else the "exchange of information" for which the world wide web is prized will be a front for malicious, albeit interesting, allegations. At the very least, forum administrators should zealously monitor their territories, requiring a threshold amount of information from every user before approving membership. The personal information of offensive users should similarly be made available to the victims who may wish to pursue other avenues for holding him or her accountable. Only then will the Internet be a level playing field, and cyberspace approximate the responsible exercise of self-expression.

Sunday, December 9, 2007

environmentally friendly websites

Google's "Blackle" (www.blackle.com)

Google has been on the news and in magazines quite frequently during the recent weeks. It has been mostly forgettable news like its soaring stock price, increasing profitability etc. etc. But by good old word of mouth, I came across something I found to be a pleasant surprise from this giant company.

By force of environmental concerns, blackle emerged. An alternative website to access google's powerful search engine. By changing google's typical white background on its webpage (google.com) into black (blackle.com), they claim that they can help save the environment. The idea is to lower the consumption of energy of computers logged on to google. Since google is used worldwide, the tiny savings of a black screen vis-a-vis a white screen amounts to something significant. As of now, blackle, claims to have saved: 347,435.151 Watt hours. Energy savings is theoretically good for the environment.

I think the Philippine government should help encourage similar behavior. Our government policy should translate similar activities in the realm of ICT into real world incentives to keep our creative minds working on solutions that make a real difference even with minimal effort.

Just this morning I read that our government has ordered the DOE and DOF to study how to spend money it earned from the energy sector to bring down the energy price. Perhaps some of that money can be channeled to businesses that are energy efficient with "blackle-like" practices so as to encourage similar behavior from our commercial sector, it being a major consumer of our country's energy.

For google users like me, knowing that pointing our browsers to blackle next time we need to search for something online can actually help the environment is a nice thought. I hope its not just that.

Wireless landline ... WHAT?!

Several weeks ago I saw someone at a mall using what seemed to me to be a landline phone unit, while riding the escalator. I subsequently found out that such a sight was due to Bayantel’s Wireless Landline telephone service. Bayantel, a telecom company owned by the Lopezes through Benpres Holdings, has embarked on this program in order to reinvigorate its landline subscription base. In fact, Bayantel projects that it will have a 30% increase in its landline subscription base by the end of 2007.
This company development is an exception to the current trend in the fixed residential line market, which is projected to dwindle rapidly in the next couple of years, as more and more people opt for mobile phones/cellphones as their primary mode of communication.
This may seem as a positive development for the telecom industry, but I see it as a step back. Why?
Let us take a look at the basic features of Bayantel’s wireless landline telephone service:
1. Unlimited calls to any Bayan wireless landline or Bayan phone nationwide.
2. Unlimited calls to any landline within the same area code.
3. Unlimited texting for Bayan wireless landline to Bayan wireless landlines nationwide.
You get these after buying the wireless landline phone for around Php 2,000 and subscribing to the service for about Php 699 a month. At first glance it seems like a good deal but it really isn’t.
First of all, the unlimited call and text features of this service are already provided by other telecom companies such as Sun Cellular.
Secondly, the Bayantel’s service has accessibility issues as some users of Smart and Globe cellphones, which are the leading mobile phone service providers in the country, find it difficult, if not impossible to call a Bayantel wireless landline. And that is a major problem, as most mobile phone users are Smart or Globe subscribers.
Thirdly, its unlimited call and text features are limited to Bayantel’s own network or to a certain locality only. This means that one cannot use the Bayan wireless landline outside of certain areas in Metro Manila, Bicol and a few localities in Visayas and Mindanao.
And last but not least, the phone units are bulky compared to cellphones which provide more features aside from being more fashionable. The wireless landline cannot take pictures or play MP3s? It does not have a built in calendar, calculator, and the list goes on.
In terms of providing for a truly mobile multimedia telecommunication experience, the wireless landline unit cannot even be compared to the cellphone. It is simply a glorified cordless phone. It is redundant as it provides services that other telecom companies already provide and it seems to make use of a technology that is less efficient in providing the said services.
In promoting the use of ICT in the country, it has been suggested that the government should take a technology neutral stance. But shouldn’t the government also help regulate the use and promotion of redundant and less efficient technology, as this wireless landline service seems to be?

SOURCES: http://www.bayan.com.ph/bwl/features.html

Great Expectations

Technology has changed the way education is brought to us. Now there is easier access to information, and with the internet, it is almost inexhaustible. Students and teachers are no longer confined to classroom discussions and read-or-write assignments on paper; they now resort to other means such as the blog entries required for us in this class. Possibilities are almost limitless and I, as a student myself, am grateful for it seems like I am having it much easier than my parents did during their time.

Years ago, in grade school, my brother and I asked our parents for a personal computer, at a time when it has become quite common already and some (although not all) of our classmates' families have theirs. We said we need it for the numerous papers required in class. My mother replied, in a matter-of-factly tone that she, too, was required to submit papers when she was a student but she never had a computer; why would we need one now?

Because there are greater expectations imposed on us. Education tends to push us to our limits, to extract from us the most and best that we can give. That, I believe, is when the learning comes in: when we do not stay on the same level that we are already comfortable in because we know that there is something greater, higher, more.

I was part of our school choir in grade school and in high school. Back then, for us to learn a piece (“piyesa”), we would need to attend our regular practices since that is the time when the moderator teach each voice group their parts. It is tedious, yes, because there are four voice groups and each individual has to stay and wait for each other group to finish learning their parts. Since I was never really active in the chorale-singing scene in college, I was amazed with how technology changed the way songs were taught now to the UP Law choir. We have midis! Midis of the songs per voice groups (or the whole song) are created through Noteworthy (www.noteworthy.software.com). These midis are sent to the members through email or uploaded to our egroup. One can play the midi through the computer or cell phone and, with a copy of the piece at hand, one can learn his respective part by himself. Being the busy law students that we are, and with this given technology, we are required to come to practices prepared and learned.

Cliché as it may sound, with great power comes great responsibility. Thanks to technology, we have much greater of both.

Saturday, December 8, 2007

New to Netiquette

Since my team's paper in Supervised Legal Research is on websites containing legal information, I had to check out the law and IT-related books available in the library of the College of Law. While coursing through one such book, I came across the term "netiquette." It doesn't really take anyone a long time to figure out that the coined term referred to "network etiquette" or the etiquette of cyberspace.

There are many takes on what are the rules comprising netiquette, perhaps the most popular of which is that of Virginia Shea, author of "Netiquette." Her book discussed Netiquette Basics, Business Netiquette, Social Netiquette, and even Legal and Philosophical Issues in Netiquette. She enumerated 10 rules, which she termed "The Core Rules of Netiquette", each rule having its corollaries. (http://www.albion.com/netiquette/)

Another take is the Computer Ethics Institute's "THE TEN COMMANDMENTS FOR COMPUTER ETHICS", i.e., -
1. Thou shalt not use a computer to harm other people.
2. Thou shalt not interfere with other people's computer work.
3. Thou shalt not snoop around in other people's files.
4. Thou shalt not use a computer to steal.
5. Thou shalt not use a computer to bear false witness.
6. Thou shalt not use or copy software for which you have not paid.
7. Thou shalt not use other people's computer resources without authorization.
8. Thou shalt not appropriate other people's intellectual output.
9. Thou shalt think about the social consequences of the program you write.
10. Thou shalt use a computer in ways that show consideration and respect. (http://www.tekmom.com/tencommand/index.html)

There are also "personalized" versions of the rules of netiquette which particular websites develop. For instance, the ADB has its own "Community Guidelines" to follow when sending a message to their mailing list or taking part in their discussion forums. (https://c-cube.adb.org/)

While the rules seem simple and common sensical, I think it's quite likely for anyone to violate one or two rules of netiquette without even realizing it. And netiquette violations may range from the petty breaches, like making and sending chain emails promising bad luck to those who break the chain, to major cyber issues, like spamming, online porn, hacking, piracy, etc. Even the biggest issues in ICT may be reduced to an infringement of a rule of netiquette. Clearly, netiquette is fundamental in the cyberspace culture; something that every net surfer and blogger should be aware of. Netiquette may simply be a set of universal norms of courtesy and respect, yet netiquette violations are epidemic in cyberspace. Being a newbie blogger, I wrote my very first blog entry last Dec 1 completely unaware of the existence of netiquette as a documented set of rules. Perhaps blog-making sites should ensure that potential bloggers be first introduced to netiquette. Given the dramatic impact of the IT Revolution and the growing IT related issues and problems, emphasizing the necessity of adhering to netiquette becomes even more imperative.