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Gary Edwards

This 28-Year-Old's Startup Is Moving $350 Million And Wants To Completely Kill Credit C... - 0 views

  • The biggest difference between ideas like this and a PayPal — and PayPal is a phenomenal idea, Square is too — is that those are built on top of networks like Visa and MasterCard. We're building our own
    • Gary Edwards
       
      Fascinating plan for totally disrupting the Banksters Credit Card Golden Goose industry.  Good explanation of how things work, and how Dwolla will disrupt things.  PayPal and Square are based on existing credit card transaction processing system.  They make their money adding on to the basic credit card charge.  Dwolla replaces the credit card processing system with a bank direct model.   Here's the thing: Credit Cards charge sellers 3% of the transaction.  Dwolla charges a transaction fee of $0.25.  Yes, 25 Cents.
  • All banks are connected by one ACH system.  Credit card companies utilize that same system to pay off your credit card charges.  Banks internally set along that same system to move money in their own banks.  This system in its own right is riddled with flaws — tons of fraud issues and waste and delays.  If you've ever had a payment take a few days to clear, its because they're waiting on that ACH system. We want to fix that system between the banks, take out the delays and make it instant.  If we can create this ubiquitous cash layer of distribution between consumers and merchants and developers and financial institutions, that actually fixes the problem.
  • We don't believe in credit cards.  We believe in authorization and in lower cost transfers.  Our generation actually understands that when you buy sh*t, it comes out of your bank account and you have to pay for that.
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    Incredible interview with Ben Milne of Dwolla, the PayPal and Square killer that promises to take a huge chunk out of the Credit Card transaction industry.  Incredible must read!  This is page 2 out of four.  Starts at: http://bit.ly/vzVUy3 excerpt: How does Dwolla work and how is it different from PayPal? With Dwolla, payments are made directly from your bank account.  No credit or debit cards are allowed.  And because they don't exist in the system, we don't have to bring the fees into the system.  You can spend any amount of money and when you do that, the person on the other end doesn't have to pay 1, 2, 3 or 4%. They only pay $0.25 a transaction, which is especially helpful when it's $1,000, $2,000 or $5,000 transactions.  Obviously PayPal becomes very cost prohibitive with those larger transactions.   The biggest difference between ideas like this and a PayPal - and PayPal is a phenomenal idea, Square is too - is that those are built on top of networks like Visa and MasterCard. We're building our own.
Gary Edwards

Mobile banking pioneer mFoundry nabs $18M from MasterCard, Intel Capital and others - 1 views

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    Good stuff. The Internet-payment sector is really heating up: Square, PayPal, mFoundry and my favorite - DWOLLA. The credit-card-payment-industry is still in control, but you can see from the heavy investments they are making in Web based systems, that the mobility phenomenon has them concerned. Dwolla is my favorite because of the innovative way they connect direct to the bank accounts of users, cutting the transaction and reconciliation cost from credit card standard 2.75% o a FLAT $0.25 cents!!!! Outstanding. Could prove very disruptive.
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    Simple, formerly known as "BankSimple" recently won an award as one of the 20 best stratups of 2011. Backed by Visa, Simple aggregates end user bank accounts, proving a single interface. Promises to get rid of bank fees entirely, and become a NEW Mobile Bank. Not sure this can be doen with Visa sitting in the drivers seat.
Gary Edwards

CPU Wars - Intel to Play Fab for an ARM Chipmaker: Understanding What the Altera Deal M... - 0 views

  • Intel wants x86 to conquer all computing spaces -- including mobile -- and is trying to leverage its process lead to make that happen.  However, it's been slowed by a lack of inclusion of 4G cellular modems on-die and difficulties adapting to the mobile market's low component prices.  ARM, meanwhile, wants a piece of the PC and server markets, but has received a lukewarm response from consumers due to software compatibility concerns. The disappointing sales of (x86) tablet products using Microsoft Corp.'s (MSFT) Windows 8 and the flop of Windows RT (ARM) product in general somewhat unexpectedly had the net result of being a driver to maintain the status quo, allowing neither company to gain much ground.  For Intel, its partnership with Microsoft (the historic "Wintel" combo) has damaged its mobile efforts, as Windows 8 flopped in the tablet market.  Likewise ARM's efforts to score PC market share were stifled by the flop of Windows RT, which led to OEMs killing off ARM-based laptops and convertibles.
  • Both companies seem to have learned their lesson and are migrating away from Windows towards other platforms -- in ARM's case Chromebooks, and in Intel's case Android tablets/smartphones. But suffice it to say, ARM Holdings and Intel are still very much bitter enemies from a sales perspective.
  • III. Profit vs. Risk -- Understanding the Modern CPU Food Chain
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  • Whether it's tablets or PCs, the processor is still one of the most expensive components onboard.  Aside from the discrete GPU -- if a device has one -- the CPU has the greatest earning potential for a large company like Intel because the CPU is the most complex component. Other components like the power supply or memory tend to either be lower margin or have more competitors.  The display, memory, and storage components are all sensitive to process, but see profit split between different parties (e.g. the company who makes the DRAM chips and the company who sells the stick of DRAM) and are primarily dependent on process technology. CPUs and GPUs remain the toughest product to make, as it's not enough to simply have the best process, you must also have the best architecture and the best optimization of that architecture for the space you're competing in. There's essentially five points of potential profit on the processor food chain: [CPU] Fabrication [CPU] Architecture design [CPU] Optimization OEM OS platform Of these, the fabrication/OS point is the most profitable (but is dependent on the number of OEM adopters).  The second most profitable niche is optimization (which again is dependent on OEM adopter market share), followed by OEM markups.  In terms of expense, fabrication and operating system designs requires the greatest capital investment and the highest risk.
  • In terms of difficulty/risk, the fabrication and operating system are the most difficult/risky points.  Hence in terms of combined risk, cost, and profitability the ranking of which points are "best" is arguably: Optimization Architecture design OS platfrom OEM Fabrication ...with the fabrication point being last largely because it's so high risk. In other words, the last thing Intel wants is to settle into a niche of playing fabs for everybody else's product, as that's an unsound approach.  If you can't keep up in terms of chip design, you typically spin off your fabs and opt for a different architecture direction -- just look at Advanced Micro Devices, Inc.'s (AMD) spinoff of GlobalFoundries and upcoming ARM product to see that.
  • IV. Top Firms' Role on That Food Chain
  • Apple has seen unbelievable profits due to this fundamental premise.  It controls the two most desirable points on the food chain -- OS and optimization -- while sharing some profit with its architecture designer (ARM Holdings) and a bit with the fabricator (Samsung Electronics Comp., Ltd. (KSC:005930)).  By choosing to play operating system maker, too, it adds to its profits, but also its risk.  Note that nearly every other first-party exclusive smartphone platform has failed or is about to fail (i.e. BlackBerry, Ltd. (TSE:BB) and the now-dead Palm).
  • Intel controls points 1, 2, and 5, currently, on the food chain.  Compared to Apple, Intel's points of control offer less risk, but also slightly less profitability. Its architecture control may be at risk, but even so, it's currently the top in its most risky/expensive point of control (fabrication), where as Apple's most risky/expensive point of control (OS development) is much less of a clear leader (as Android has surpassed Apple in market share).  Hence Apple might be a better short-term investment, but Intel certainly appears a better long-term investment.
  • Samsung is another top company in terms of market dominance and profit.  It occupies points 1, 3, 4, and 5 -- sometimes.  Sometimes Samsung's devices use third-party optimization firms like Qualcomm Inc. (QCOM) and NVIDIA Corp. (NVDA), which hurts profitability by removing one of the most profitable roles.  But Samsung makes up for this by being one of the largest and most successful third party manufacturers.
  • Microsoft enjoys a lot of profit due to its OS dominance, as does Google Inc. (GOOG); but both companies are limited in controlling only one point which they monetize in different ways (Microsoft by direct sales; Google by giving away OS product for free in return for web services market share and by proxy search advertising revenue).
  • Qualcomm and NVIDIA are also quite profitable operating solely as optimizers, as is ARM Holdings who serves as architecture maker to Qualcomm, NVIDIA, Apple, and Samsung.
  • V. Four Scenarios in the x86 vs. ARM Competition
  • Scenario one is that x86 proves dominant in the mobile space, assuming a comparable process.
  • A second scenario is that x86 and ARM are roughly tied, assuming a comparable process.
  • A third scenario is that x86 is inferior to ARM at a comparable process, but comparable or superior to ARM when the x86 chip is built using a superior process.  From the benchmarks I've seen to date, I personally believe this is most likely.
  • A fourth scenario is that x86 is so drastically inferior to ARM architecturally that a process lead by Intel can't make up for it.
  • This is perhaps the most interesting scenario, in the sense of thinking of how Intel would react, if not overly likely.  If Intel were faced with this scenario, I believe Intel would simply bite the bullet and start making ARM chips, leveraging its process lead to become the dominant ARM chipmaker.  To make up for the revenue it lost, paying licensing fees to ARM Holdings, it could focus its efforts in the OS space (it's Tizen Linux OS project with Samsung hints at that).  Or it could look to make up for lost revenue by expanding its production of other basic process-sensitive components (e.g. DRAM).  I think this would be Intel's best and most likely option in this scenario.
  • VI. Why Intel is Unlikely to Play Fab For ARM Chipmakers (Even if ARM is Better)
  • From Intel's point of view, there is an entrenched, but declining market for x86 chips because of Windows, and Intel will continue to support Atom chips (which will be required to run Windows 8 tablets), but growth on desktops will come from 64 bit desktop/server class non-Windows ARM devices - Chromebooks, Android laptops, possibly Apple's desktop products as well given they are going 64 bit ARM for their future iPhones. Even Windows has been trying to transition (unsuccessfully) to ARM. Again, the Windows server market is tied to x86, but Linux and FreeBSD servers will run on ARM as well, and ARM will take a chunk out of the server market when a decent 64bit ARM server chip is available as a result.
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    Excellent article explaining the CPU war for the future of computing, as Intel and ARM square off.  Intel's x86 architecture dominates the era of client/server computing, with their famed WinTel alliance monopolizing desktop, notebook and server implementations.  But Microsoft was a no show with the merging mobile computing market, and now ARM is in position transition from their mobile dominance to challenge the desktop -notebook - server markets.   WinTel lost their shot at the mobile computing market, and now their legacy platforms are in play.  Good article!!! Well worth the read time  ................
Gary Edwards

These 28 Words Explain Why PayPal's Creators Are Funding A Startup To Kill It - Busines... - 0 views

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    "One of the strangest things about Stripe - or perhaps, one of the strangest things about Paypal - is the list of people who are funding Stripe. Three of its biggest individual backers are people who played a key role in making PayPal a success: cofounders Peter Thiel and Max Levchin, along with Elon Musk, who joined PayPal through an acquisition. Why would Thiel, Levchin, and Musk fund a machine built destroy their baby? Probably because, in Silicon Valley, PayPal is viewed as a lost cause. We've heard a lot of complaints about how awful and hard it is to implement. " Stripe isn't the only well-funded startup going after what it views as a decrepit, disrupt-ble incumbent. Jack Dorsey's Square is too, and it's now worth billions of dollars. Another heavily funded startup, Braintree, owns the technology millions of people use to pay for things inside apps like Uber. Finally, some of eBay's bigger rivals such as Google, Amazon, and Microsoft are gunning for PayPal too.
Gary Edwards

It's Microsoft's Game to Lose with Windows Mobile 7 - PCWorld Business Center - 0 views

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    Good title.  Nice to see that some of the tech media are starting to figure this out.  It's about time. excerpt: While Microsoft has struggled with its mobile operating system, it still occupies a dominant stake of the server operating system, desktop operating system, business productivity software, messaging, and Web browser markets. Bells and whistles aside, it's hard to argue with the potential of a smartphone platform that can seamlessly tie in with the platforms and tools that businesses rely on. RIM, Apple, Palm, and now Google, all recognize and respect Microsoft's presence in the enterprise. These other mobile platforms realize that integration with Microsoft backend tools--particularly Exchange Server--is imperative to success in the enterprise. No matter how hard they try, though, the solutions are often clumsy or cumbersome, and have a sort of "square peg in the round hole" feel to them. The core appeal of a Microsoft mobile operating system is the inclusion of native tools that naturally integrate with the existing server, desktop, and office productivity environment. Windows Mobile is uniquely suited to deliver a seamless and familiar experience for business professionals. Expecting Microsoft to introduce unique innovations or raise the bar in any way for mobile operating systems is probably a recipe for disappointment. Assuming that Microsoft can at least improve Windows Mobile to the point that Windows Phones are more or less on par with next-generation smartphones like the iPhone or Droid will be enough, though, for Microsoft to get the ship pointed in the right direction and begin to reclaim some of its lost mobile platform market share. Microsoft has a built-in audience and the game is Microsoft's to lose.
Gary Edwards

In Mobile, Fragmentation is Forever. Deal With It. - washingtonpost.com - 0 views

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    I disagree with the authors conclusions here.  He misses some very significant developments.  Particularly around Google, WebKit, and WebKit-HTML5. For instance, there is this article out today; "Google Really is Giving Away Free Nexus One and Droid Handsets to Developers".  Also, Palm is working on a WiMAX/WiFi version of their WebOS (WebKit) smartphone for Sprint.  Sprint and ClearWire are pushing forward with a very aggressive WiMAX rollout in the USA.  San Francisco should go on line this year!   One of the more interesting things about the Sprint WiMAX plan is that they have a set fee of $69.00 per month that covers EVERYTHING; cellphone, WiMAX Web browsing, video, and data connectivity, texting (SMS) and VOIP.  Major Sprint competitors, Verizon, AT&T and TMobile charge $69 per month, but it only covers cellphone access.  Everything else is extra adn also at low speed/ low bandwidth.  3G at best.  WiMAX however is a 4G screamer.  It's also an open standard.  (Verizon FIOS and LTE are comparable and said to be coming soon, but they are proprietary technologies).   The Cable guys are itneresting in that they are major backers of WiMAX, but also have a bandwidth explosive technology called Docsis. There is an interesting article at TechCrunch, "In Mobile, Fragmentation is Forever. Deal With It."  I disagree entirely with the authors conclusion.  WebKit is capable of providing a universal HTML5 application developers layer for mobile and desktop browser computing.  It's supported by Apple, Google, Palm (WebOS), Nokia, RiMM (Blackberry) and others to such an extent that 85% of all smartphones shipped this year will either ship with WebKit or, an Opera browser compatible with the WebKit HTML5 document layout/rendering model.   I would even go as far as to say that WebKit-HTML5 owns the Web's document model and application layer for the future.  Excepting for Silverlight, which features the OOXML document model with over 500 million desktop develop
Gary Edwards

IBM to Open Big Data Center in China - WSJ.com - 0 views

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    BEIJING-International Business Machines Corp. agreed to cooperate with Chinese network services provider Range Technology Development Co. on the construction of a cloud computing data center in China, which IBM said will be Asia's largest in terms of floor space. Construction of the center is likely to generate about $200 million worth of contracts for IBM over the next five years, a person familiar with the situation said. IBM said Tuesday it expects the data center in Langfang, Hebei province, to be completed in 2016 and to have a floor space of more than 620,000 square meters. IBM and Range Technology signed an agreement on the data center last week in Chicago during Chinese President Hu Jintao's state visit to the U.S., IBM said. The data center will offer services such as data backup, disaster recovery and leasing of servers, said Li Tao, senior manager of IBM China's public sector division. Enterprises such as software developers and government departments are likely to use services provided by the data center, IBM said. No one at Range Technology was immediately able to comment Tuesday, but a statement dated Jan. 11 on the company's website said it formed a strategic partnership with IBM, and the companies would cooperate in areas including data center construction.
Paul Merrell

Commentary: Don't be so sure Russia hacked the Clinton emails | Reuters - 0 views

  • By James Bamford Last summer, cyber investigators plowing through the thousands of leaked emails from the Democratic National Committee uncovered a clue.A user named “Феликс Эдмундович” modified one of the documents using settings in the Russian language. Translated, his name was Felix Edmundovich, a pseudonym referring to Felix Edmundovich Dzerzhinsky, the chief of the Soviet Union’s first secret-police organization, the Cheka.It was one more link in the chain of evidence pointing to Russian President Vladimir Putin as the man ultimately behind the operation.During the Cold War, when Soviet intelligence was headquartered in Dzerzhinsky Square in Moscow, Putin was a KGB officer assigned to the First Chief Directorate. Its responsibilities included “active measures,” a form of political warfare that included media manipulation, propaganda and disinformation. Soviet active measures, retired KGB Major General Oleg Kalugin told Army historian Thomas Boghart, aimed to discredit the United States and “conquer world public opinion.”As the Cold War has turned into the code war, Putin recently unveiled his new, greatly enlarged spy organization: the Ministry of State Security, taking the name from Joseph Stalin’s secret service. Putin also resurrected, according to James Clapper, the U.S. director of national intelligence, some of the KGB’s old active- measures tactics. On October 7, Clapper issued a statement: “The U.S. Intelligence community is confident that the Russian government directed the recent compromises of emails from U.S. persons and institutions, including from U.S. political organizations.” Notably, however, the FBI declined to join the chorus, according to reports by the New York Times and CNBC.A week later, Vice President Joe Biden said on NBC’s Meet the Press that "we're sending a message" to Putin and "it will be at the time of our choosing, and under the circumstances that will have the greatest impact." When asked if the American public would know a message was sent, Biden replied, "Hope not." Meanwhile, the CIA was asked, according to an NBC report on October 14, “to deliver options to the White House for a wide-ranging ‘clandestine’ cyber operation designed to harass and ‘embarrass’ the Kremlin leadership.”But as both sides begin arming their cyberweapons, it is critical for the public to be confident that the evidence is really there, and to understand the potential consequences of a tit-for-tat cyberwar escalating into a real war. 
  • This is a prospect that has long worried Richard Clarke, the former White House cyber czar under President George W. Bush. “It’s highly likely that any war that began as a cyberwar,” Clarke told me last year, “would ultimately end up being a conventional war, where the United States was engaged with bombers and missiles.”The problem with attempting to draw a straight line from the Kremlin to the Clinton campaign is the number of variables that get in the way. For one, there is little doubt about Russian cyber fingerprints in various U.S. campaign activities. Moscow, like Washington, has long spied on such matters. The United States, for example, inserted malware in the recent Mexican election campaign. The question isn’t whether Russia spied on the U.S. presidential election, it’s whether it released the election emails.Then there’s the role of Guccifer 2.0, the person or persons supplying WikiLeaks and other organizations with many of the pilfered emails. Is this a Russian agent? A free agent? A cybercriminal? A combination, or some other entity? No one knows.There is also the problem of groupthink that led to the war in Iraq. For example, just as the National Security Agency, the Central Intelligence Agency and the rest of the intelligence establishment are convinced Putin is behind the attacks, they also believed it was a slam-dunk that Saddam Hussein had a trove of weapons of mass destruction. Consider as well the speed of the political-hacking investigation, followed by a lack of skepticism, culminating in a rush to judgment. After the Democratic committee discovered the potential hack last spring, it called in the cybersecurity firm CrowdStrike in May to analyze the problem.
  • CrowdStrike took just a month or so before it conclusively determined that Russia’s FSB, the successor to the KGB, and the Russian military intelligence organization, GRU, were behind it. Most of the other major cybersecurity firms quickly fell in line and agreed. By October, the intelligence community made it unanimous. That speed and certainty contrasts sharply with a previous suspected Russian hack in 2010, when the target was the Nasdaq stock market. According to an extensive investigation by Bloomberg Businessweek in 2014, the NSA and FBI made numerous mistakes over many months that stretched to nearly a year. “After months of work,” the article said, “there were still basic disagreements in different parts of government over who was behind the incident and why.”  There was no consensus­, with just a 70 percent certainty that the hack was a cybercrime. Months later, this determination was revised again: It was just a Russian attempt to spy on the exchange in order to design its own. The federal agents also considered the possibility that the Nasdaq snooping was not connected to the Kremlin. Instead, “someone in the FSB could have been running a for-profit operation on the side, or perhaps sold the malware to a criminal hacking group.” Again, that’s why it’s necessary to better understand the role of Guccifer 2.0 in releasing the Democratic National Committee and Clinton campaign emails before launching any cyberweapons.
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  • t is strange that clues in the Nasdaq hack were very difficult to find ― as one would expect from a professional, state-sponsored cyber operation. Conversely, the sloppy, Inspector Clouseau-like nature of the Guccifer 2.0 operation, with someone hiding behind a silly Bolshevik cover name, and Russian language clues in the metadata, smacked more of either an amateur operation or a deliberate deception.Then there’s the Shadow Brokers, that mysterious person or group that surfaced in August with its farcical “auction” to profit from a stolen batch of extremely secret NSA hacking tools, in essence, cyberweapons. Where do they fit into the picture? They have a small armory of NSA cyberweapons, and they appeared just three weeks after the first DNC emails were leaked. On Monday, the Shadow Brokers released more information, including what they claimed is a list of hundreds of organizations that the NSA has targeted over more than a decade, complete with technical details. This offers further evidence that their information comes from a leaker inside the NSA rather than the Kremlin. The Shadow Brokers also discussed Obama’s threat of cyber retaliation against Russia. Yet they seemed most concerned that the CIA, rather than the NSA or Cyber Command, was given the assignment. This may be a possible indication of a connection to NSA’s elite group, Tailored Access Operations, considered by many the A-Team of hackers.“Why is DirtyGrandpa threating CIA cyberwar with Russia?” they wrote. “Why not threating with NSA or Cyber Command? CIA is cyber B-Team, yes? Where is cyber A-Team?” Because of legal and other factors, the NSA conducts cyber espionage, Cyber Command conducts cyberattacks in wartime, and the CIA conducts covert cyberattacks. 
  • The Shadow Brokers connection is important because Julian Assange, the founder of WikiLeaks, claimed to have received identical copies of the Shadow Brokers cyberweapons even before they announced their “auction.” Did he get them from the Shadow Brokers, from Guccifer, from Russia or from an inside leaker at the NSA?Despite the rushed, incomplete investigation and unanswered questions, the Obama administration has announced its decision to retaliate against Russia.  But a public warning about a secret attack makes little sense. If a major cyber crisis happens in Russia sometime in the future, such as a deadly power outage in frigid winter, the United States could be blamed even if it had nothing to do with it. That could then trigger a major retaliatory cyberattack against the U.S. cyber infrastructure, which would call for another reprisal attack ― potentially leading to Clarke’s fear of a cyberwar triggering a conventional war. President Barack Obama has also not taken a nuclear strike off the table as an appropriate response to a devastating cyberattack.
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    Article by James Bamford, the first NSA whistleblower and author of three books on the NSA.
Paul Merrell

Public transit in Beverly Hills may soon be driverless, program unanimously approved - ... - 0 views

  • An uncontested vote by the Beverly Hills City Council could guarantee a chauffeur for all residents in the near future. However, instead of a driver, the newly adopted program foresees municipally-owned driverless cars ready to order via a smartphone app. Also known as autonomous vehicles, or AV, driverless cars would appear to be the next big thing not only for people, but local governments as well – if the Beverly Hills City Council can get its AV development program past a few more hurdles, that is. The technology itself has some challenges ahead as well.
  • In the meantime, the conceptual shuttle service, which was unanimously approved at an April 5 city council meeting, is being celebrated.
  • Naming Google and Tesla in its press release, Beverly Hills must first develop a partnership with a manufacturer that can build it a fleet of unmanned cars. There will also be a need to bring in policy experts. All of these outside parties will have a chance to explore the program’s potential together at an upcoming community event.The Wallis Annenberg Center for the Performing Arts will host a summit this fall that will include expert lectures, discussions, and test drives. Er, test rides.Already in the works for Beverly Hills is a fiber optics cable network that will, in addition to providing high-speed internet access to all residents and businesses, one day be an integral part of a public transit system that runs on its users’ spontaneous desires.Obviously, Beverly Hills has some money on hand for the project, and it is also an ideal testing space as the city takes up an area of less than six square miles. Another positive factor is the quality of the city’s roads, which exceeds that of most in the greater Los Angeles area, not to mention California and the whole United States.“It can’t find the lane markings!” Volvo’s North American CEO, Lex Kerssemakers, complained to Los Angeles Mayor Eric Garcetti last month, according to Reuters. “You need to paint the bloody roads here!”Whether lanes are marked or signs are clear has made a big difference in how successfully the new technology works.Unfortunately, the US Department of Transportation considers 65 percent of US roads to be in poor condition, so AV cars may not be in the works for many Americans living outside of Beverly Hills quite as soon.
Paul Merrell

Another judge upholds NSA call tracking - POLITICO.com - 0 views

  • A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans. The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution. Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment. In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.
  • "The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton. Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long. "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls. Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.
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    A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.
Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
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  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

Hewlett-Packard Traded WebOS for This: The Autonomy Gamble - 0 views

  • Content management systems today continue to be based on the types of structured database systems about one or two steps more evolved than dBASE. We've known they would be insufficient for the task, but we've put off the problem of composing a new architecture. It's already too late for major IT companies to start that new architecture from square one; if a company has any hope of addressing this colossal, underappreciated problem, it will need to acquire the architectural project in progress. This is what Hewlett-Packard announced yesterday that it intends to do: acquire a software firm whose core product aims to supplant everything we know about databases, both the SQL kind and the Google kind. In its place would come a clustered approach whose goal is no less than to be the central repository for meaning in the world.
  • As CEO Apotheker told analysts yesterday, HP intends to exploit the prospects for using Autonomy's technology as a foundation for a content management system. For now, that CMS would be a project for what, on the surface, seems an unlikely department: the Imaging and Printing Group (IPG). Autonomy describes this technology - which it calls Intelligent Data Operating Layer (IDOL) - as nothing less than a replacement for, a complete substitute for, a revolutionary disruption of, Google.
  • Elsewhere in Autonomy's literature is a monkey wrench it hurls directly at Google, with hopes of messing up its gears. Here, the company attacks the value of Google's page ranking technology in the enterprise: "in many cases, the most popular information is also the most relevant. The importance or popularity of a Web page is approximated by counting the number of other pages that are linked to it, and by how frequently those pages are viewed by other users. This works quite well on the Internet but in the enterprise it is doomed to failure. Firstly, there are no native links between information in the enterprise. Secondly, if a user happens to be an expert, perhaps in the field of gallium arsenide laser diodes, there may be no one else interested in the subject, but it is still imperative that they find relevant information." This is what HP is buying: an opportunity to disrupt Google. If IDOL is every bit the next stage of database evolution that Autonomy makes it out to be, then HP (at least in its executives' own minds) is not surrendering to Google at all, as some consumer publications this morning are suggesting. As HP perceives it, rather than cutting off Google's left arm, it's targeting the gut.
Paul Merrell

Section 215 and "Fruitless" (?!?) Constitutional Adjudication | Just Security - 0 views

  • This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful insofar as it had not properly been authorized by Congress). In a nutshell, today’s ruling rejects the ACLU’s request for an injunction against the continued operation of the program for the duration of the 180-day transitional period (which ends on November 29) from the old program to the quite different collection regime authorized by the USA Freedom Act. As the Second Circuit (in my view, quite correctly) concluded, “Regardless of whether the bulk telephone metadata program was illegal prior to May, as we have held, and whether it would be illegal after November 29, as Congress has now explicitly provided, it is clear that Congress intended to authorize it during the transitionary period.” So far, so good. But remember that the ACLU’s challenge to bulk collection was mounted on both statutory and constitutional grounds, the latter of which the Second Circuit was able to avoid in its earlier ruling because of its conclusion that, prior to the enactment of the USA Freedom Act, bulk collection was unauthorized by Congress. Now that it has held that it is authorized during the transitional period, that therefore tees up, quite unavoidably, whether bulk collection violates the Fourth Amendment. But rather than decide that (momentous) question, the Second Circuit ducked:
  • We agree with the government that we ought not meddle with Congress’s considered decision regarding the transition away from bulk telephone metadata collection, and also find that addressing these issues at this time would not be a prudent use of judicial authority. We need not, and should not, decide such momentous constitutional issues based on a request for such narrow and temporary relief. To do so would take more time than the brief transition period remaining for the telephone metadata program, at which point, any ruling on the constitutionality of the demised program would be fruitless. In other words, because any constitutional violation is short-lived, and because it results from the “considered decision” of Congress, it would be fruitless to actually resolve the constitutionality of bulk collection during the transitional period.
  • Hopefully, it won’t take a lot of convincing for folks to understand just how wrong-headed this is. For starters, if the plaintiffs are correct, they are currently being subjected to unconstitutional government surveillance for which they are entitled to a remedy. The fact that this surveillance has a limited shelf-life (and/or that Congress was complicit in it) doesn’t in any way ameliorate the constitutional violation — which is exactly why the Supreme Court has, for generations, recognized an exception to mootness doctrine for constitutional violations that, owing to their short duration, are “capable of repetition, yet evading review.” Indeed, in this very same opinion, the Second Circuit first held that the ACLU’s challenge isn’t moot, only to then invokes mootness-like principles to justify not resolving the constitutional claim. It can’t be both; either the constitutional challenge is moot, or it isn’t. But more generally, the notion that constitutional adjudication of a claim with a short shelf-life is “fruitless” utterly misses the significance of the establishment of forward-looking judicial precedent, especially in a day and age in which courts are allowed to (and routinely do) avoid resolving the merits of constitutional claims in cases in which the relevant precedent is not “clearly established.” Maybe, if this were the kind of constitutional question that was unlikely to recur, there’d be more to the Second Circuit’s avoidance of the issue in this case. But whether and to what extent the Fourth Amendment applies to information we voluntarily provide to third parties is hardly that kind of question, and the Second Circuit’s unconvincing refusal to answer that question in a context in which it is quite squarely presented is nothing short of feckless.
Paul Merrell

China Just Launched the Most Frightening Game Ever - and Soon It Will Be Mandatory - 1 views

  • As if further proof were needed Orwell’s dystopia is now upon us, China has now gamified obedience to the State. Though that is every bit as creepily terrifying as it sounds, citizens may still choose whether or not they wish to opt-in — that is, until the program becomes compulsory in 2020. “Going under the innocuous name of ‘Sesame Credit,’ China has created a score for how good a citizen you are,” explains Extra Credits’ video about the program. “The owners of China’s largest social networks have partnered with the government to create something akin to the U.S. credit score — but, instead of measuring how regularly you pay your bills, it measures how obediently you follow the party line.”
  • In the works for years, China’s ‘social credit system’ aims to create a docile, compliant citizenry who are fiscally and morally responsible by employing a game-like format to create self-imposed, group social control. In other words, China gamified peer pressure to control its citizenry; and, though the scheme hasn’t been fully implemented yet, it’s already working — insidiously well.
  • The system is run by two companies, Alibaba and Tencent, which run all the social networks in China and therefore have access to a vast amount of data about people’s social ties and activities and what they say. In addition to measuring your ability to pay, as in the United States, the scores serve as a measure of political compliance. Among the things that will hurt a citizen’s score are posting political opinions without prior permission, or posting information that the regime does not like, such as about the Tiananmen Square massacre that the government carried out to hold on to power, or the Shanghai stock market collapse. It will hurt your score not only if you do these things, but if any of your friends do them.” And, in what appears likely the goal of the entire program, added, “Imagine the social pressure against disobedience or dissent that this will create.”
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  • As Creemers described to Dutch news outlet, de Volkskrant, “With the help of the latest internet technologies, the government wants to exercise individual surveillance. The Chinese aim […] is clearly an attempt to create a new citizen.”
Paul Merrell

Google Is Constantly Tracking, Even If You Turn Off Device 'Location History' | Zero Hedge - 0 views

  • In but the latest in a continuing saga of big tech tracking and surveillance stories which should serve to convince us all we are living in the beginning phases of a Minority Report style tracking and pansophical "pre-crime" system, it's now confirmed that the world's most powerful tech company and search tool will always find a way to keep your location data. The Associated Press sought the help of Princeton researchers to prove that while Google is clear and upfront about giving App users the ability to turn off or "pause" Location History on their devices, there are other hidden means through which it retains the data.
  • According to the AP report: Google says that will prevent the company from remembering where you’ve been. Google’s support page on the subject states: “You can turn off Location History at any time. With Location History off, the places you go are no longer stored.” That isn’t true. Even with Location History paused, some Google apps automatically store time-stamped location data without asking. For example, Google stores a snapshot of where you are when you merely open its Maps app. Automatic daily weather updates on Android phones pinpoint roughly where you are. And some searches that have nothing to do with location, like “chocolate chip cookies,” or “kids science kits,” pinpoint your precise latitude and longitude — accurate to the square foot — and save it to your Google account. The issue directly affects around two billion people using Google's Android operating software and iPhone users relying on Google maps or a simple search. Among the computer science researchers at Princeton conducting the tests is Jonathan Mayer, who told the AP, “If you’re going to allow users to turn off something called ‘Location History,’ then all the places where you maintain location history should be turned off,” and added, “That seems like a pretty straightforward position to have.”
Paul Merrell

Facebook plans to build huge Utah data center | Fox Business - 0 views

  • acebook plans to build a data center in Utah on a 490-acre site, the social media company and government officials announced on Wednesday.Continue Reading BelowThe Eagle Mountain, Utah, facility will be 970,000 square feet and located about 15 miles south of a National Security Agency data center in Bluffdale, Utah.
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    15 miles from the NSA's Bluffdale facility. An amazing coincidence or something more sinister?
Paul Merrell

The Internet May Be Underwater in 15 Years - 0 views

  • When the internet goes down, life as the modern American knows it grinds to a halt. Gone are the cute kitten photos and the Facebook status updates—but also gone are the signals telling stoplights to change from green to red, and doctors’ access to online patient records. A vast web of physical infrastructure undergirds the internet connections that touch nearly every aspect of modern life. Delicate fiber optic cables, massive data transfer stations, and power stations create a patchwork of literal nuts and bolts that facilitates the flow of zeros and ones. Now, research shows that a whole lot of that infrastructure sits squarely in the path of rising seas. (See what the planet would look like if all the ice melted.) Scientists mapped out the threads and knots of internet infrastructure in the U.S. and layered that on top of maps showing future sea level rise. What they found was ominous: Within 15 years, thousands of miles of fiber optic cable—and hundreds of pieces of other key infrastructure—are likely to be swamped by the encroaching ocean. And while some of that infrastructure may be water resistant, little of it was designed to live fully underwater. “So much of the infrastructure that's been deployed is right next to the coast, so it doesn't take much more than a few inches or a foot of sea level rise for it to be underwater,” says study coauthor Paul Barford, a computer scientist at the University of Wisconsin, Madison. “It was all was deployed 20ish years ago, when no one was thinking about the fact that sea levels might come up.”
  • “This will be a big problem,” says Rae Zimmerman, an expert on urban adaptation to climate change at NYU. Large parts of internet infrastructure soon “will be underwater, unless they're moved back pretty quickly.”
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