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Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

www.computerweekly.com/...t-NSA-surveillance-says-report

surveillance state NSA NSA-blowback EU cloud computing whistle-blowers

shared by Paul Merrell on 27 Sep 13 - No Cached
  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
  • ...2 more annotations...
  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
  • Paul Merrell on 27 Sep 13
     
    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

European Court of Justice rules against mass data retention in EU | News | DW.COM | 21.... - 0 views

www.dw.com/...a-36859714

digital-privacy ECJ data-retention litigation civil-rights

shared by Paul Merrell on 22 Dec 16 - No Cached
  • The ECJ has ruled that governments cannot force telecom firms to keep all customer data. The ruling, which says the laws violate basic privacy rights, comes as governments call for greater powers for spy agencies.
  • The Court of Justice of the European Union (ECJ) ruled on Wednesday that laws allowing for the blanket collection and retention of location and traffic data are in breach of EU law. In their decision, the justices wrote that storing such data, which includes text message senders and recipients and call histories, allows for "very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained." "Such national legislation exceeds the limits of what is strictly necessary and cannot be considered to be justified within a democratic society," the Luxembourg-based court said. EU member states seeking to fight a "serious crime" are allowed to retain data in a targeted manner but must be subject to prior review by a court or independent body, the EU's top court said. Exceptions can be made in urgent cases. The decision came amidst growing calls from EU governments for security agencies to be given greater powers with the goal of preventing or investigating attacks. Privacy advocates, on the other hand, said mass data retention is ineffective in combating such crimes.
  • The court's decision was a response to challenges against data retention laws in Britain and Sweden on the ground that they were no longer valid after the court previously struck down an EU-wide data retention law in 2014. In Sweden, the law requires telecommunications companies to retain all their customers' traffic and location data, without exception, the ECJ said. British law allows authorities to ask firms to keep all communication data for a maximum 12-month period. In the UK, politicians filed a legal challenge against a surveillance law which passed in 2014, part of which was suspended by a British court. British lawmakers then passed the Investigatory Powers Act - the so-called "snooper's charter." A German data retention law, which came into effect at the end of 2015, requires telecommunications companies to store telephone and internet use for 10 weeks, after which point the data must be deleted. The German law also stipulates a shorter storage time of four weeks for location data which results from mobile phone calls. It remains to be seen what effect the ECJ ruling will have on Germany's blanket data retention measures.
Gonzalo San Gil, PhD.

Gallo report: Copyright dogmatism wins a battle, not the war Submitted on 01 June 2010 ... - 1 views

www.laquadrature.net/en

Qquadrature Amendment Obsolete let's promote P2P sharing ACTA copyright *Gallo Report graduated response three EU UE

shared by Gonzalo San Gil, PhD. on 27 May 10 - Cached
  • Brussels, June 1st 2010 - The vote, in JURI committee of the European Parliament on the Gallo report "Enforcement of intellectual property", including the rapporteur's repressive amendments, reflects the asphyxiating influence of corporate lobbies on EU policy-making. The ALDE group, which had stood for fundamental freedoms on several occasions, this time sided with the entertainment industries. This vote should make EU citizens react and convince MEPs about the stakes of our evolving digital societies. Beyond the vote of the Gallo report in plenary session, there are other upcoming legislative battles where the public interest of creativity and access to knowledge can be upheld against an obsolete vision of copyright.
  • Gonzalo San Gil, PhD. on 27 May 10
     
    Gallo Report on the future of EU copyright: repression or reflexion ? Submitted on 25 May 2010 in * copyright * proposals * Gallo * press release * Read more * Twitter * Facebook * Delicious * Digg * MySpace * Français Paris, May 25th, 2010 - The Gallo Report on the future of "intellectual property rights" (IPR) enforcement will be voted on June 1st, at 9 AM,1 in the Committee for Legal Affairs (JURI) of the European Parliament. Since no compromise was found between the members of the committee, two visions will frontally oppose. While the rapporteur -- French sarkozyst EPP member Marielle Gallo -- is pushing for more repression to tackle online file-sharing, some positive amendments from all the other political groups2 seek to end the dogmatic repression and call for the consideration of alternative schemes to fund creation. Every citizen concerned by the future of copyright in Europe and by the open nature of the Internet should express their views to the Members of the JURI committee3. 1. 1. http://www.europarl.europa.eu/activities/committees/calendarCom.do?langu... 2. 2. http://www.laquadrature.net/wiki/Rapport_Gallo_Amendments 3. 3. La Quadrature's wiki-based tool Political Memorycan be used for this purpose.
  • Gonzalo San Gil, PhD. on 27 May 10
     
    Perhaps The (Only One) Association that cares about Internet Citizens' Freedoms here in Europe...
Gonzalo San Gil, PhD.

EU digital ministers demand free data flows, no one-size-fits-all rules | Ars Technica UK - 0 views

arstechnica.co.uk/...cy-shield-eu-digital-ministers

EU ministers demand free data flow

shared by Gonzalo San Gil, PhD. on 24 May 16 - No Cached
  • Gonzalo San Gil, PhD. on 24 May 16
     
    "The UK's digital economy minister Ed Vaizey has-alongside ministers from 13 other EU countries-demanded that data should flow freely within and beyond the 28-member-state bloc."
  • Gonzalo San Gil, PhD. on 24 May 16
     
    "The UK's digital economy minister Ed Vaizey has-alongside ministers from 13 other EU countries-demanded that data should flow freely within and beyond the 28-member-state bloc."
Paul Merrell

Hyperlinking is Not Copyright Infringement, EU Court Rules | TorrentFreak - 0 views

torrentfreak.com/ingement-eu-court-rules-140213

hyperlinking copyright law EU Court-of-Justice

shared by Paul Merrell on 14 Feb 14 - No Cached
  • Does publishing a hyperlink to freely available content amount to an illegal communication to the public and therefore a breach of creator's copyrights under European law? After examining a case referred to it by Sweden's Court of Appeal, the Court of Justice of the European Union has ruled today that no, it does not.
  • One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together. The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free. The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement. The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court. Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

nakedsecurity.sophos.com/...-in-germany-to-evade-us-spying

surveillance state NSA FBI EU data-centers privacy

shared by Paul Merrell on 14 Nov 15 - No Cached
  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
  • Paul Merrell on 14 Nov 15
     
    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Gary Edwards

EU Stumbles On Buying Microsoft Alternatives -- Micosoft -- InformationWeek - 0 views

www.informationweek.com/...showArticle.jhtml

eu kroes microsoft opensource openstandards

shared by Gary Edwards on 17 Jun 08 - Cached
  • Ellinides said in an interview arranged by a spokeswoman for Commissioner Siim Callas, who oversees procurement, that studies showed the costs of moving to open source outweighed the benefits. He said it may be time for a new study.
  • "For the moment we are working in a Microsoft environment," said Christos Ellinides, director of corporate IT solutions and services, who recommends software for the Commission.
  • Gary Edwards on 17 Jun 08
     
    This is too funny. While Neelie Kroes is banging the open source - open standards drum, the head of the EU Commissions IT dept is buying Microsoft! The money quote: "Ellinides said in an interview arranged by a spokeswoman for Commissioner Siim Callas, who oversees procurement, that studies showed the costs of moving to open source outweighed the benefits. He said it may be time for a new study.
  • anonymous on 28 Sep 13
     
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Gonzalo San Gil, PhD.

Stop the link tax - 0 views

savethelink.org/eu

europe link tax kill Internet knowledge peace participate sign letter Commission

shared by Gonzalo San Gil, PhD. on 20 May 16 - No Cached
  • Gonzalo San Gil, PhD. on 20 May 16
     
    "The European Commission has just launched a new process to push forward their unpopular hyperlinking fee. Let's stop this idea here. EU decision makers and lobbyists call it neighbouring rights, a snippet tax, or ancillary copyright. But we know what it is: a tax on linking. The link tax could make some of your favourite content virtually disappear from search engines. Users all over the world will be impacted. Take action now to give decision-makers a clear resounding 'no to the link tax'. Together we can zip this plan up once and for all."
  • Gonzalo San Gil, PhD. on 20 May 16
     
    "The European Commission has just launched a new process to push forward their unpopular hyperlinking fee. Let's stop this idea here. EU decision makers and lobbyists call it neighbouring rights, a snippet tax, or ancillary copyright. But we know what it is: a tax on linking. The link tax could make some of your favourite content virtually disappear from search engines. Users all over the world will be impacted. Take action now to give decision-makers a clear resounding 'no to the link tax'. Together we can zip this plan up once and for all."
Gonzalo San Gil, PhD.

EU Parliament Committee to Cast Crucial Vote on Net Neutrality | La Quadrature du Net - 1 views

www.laquadrature.net/...crucial-vote-on-net-neutrality

internet net neutrality committee parliament vote cast

shared by Gonzalo San Gil, PhD. on 15 Mar 14 - No Cached
  • Gonzalo San Gil, PhD. on 15 Mar 14
     
    "Submitted on 14 Mar 2014 - 15:30 Kroes Telecoms Package Net neutrality Neelie Kroes Catherine Trautmann Pilar del Castillo Vera press release Printer-friendly version Send by email Français Paris, 14 March 2014 - On Tuesday, 18 March at 10 a.m., the "Industry" (ITRE) committee of the European Parliament will take a crucial decision for the future of Net Neutrality in Europe. The adoption of the report could mark a point of no return. Two conflicting visions for the future of the Internet oppose the two largest political groups in the EU Parliament, the social democratic party (S&D) and the conservative party (EPP). The outcome of the vote might be decided by the MEPs of the liberal group (ALDE) who appear not to have chosen which vision they will support, although their rapporteur, Jens Rohde, is pushing for the adoption of anti-Net Neutrality provisions. If adopted, these provisions would end the Internet as we know it, harming the freedom of communication and innovation."
Gonzalo San Gil, PhD.

TTIP Transparency in Practice | SumOfUs.org - 0 views

act.sumofus.org/...ttip_transparency_infographic

TTIP transparency practice

shared by Gonzalo San Gil, PhD. on 03 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 03 Sep 15
     
    "TTIP or no TTIP -- our representatives in the European Parliament (MEPs) will play a crucial role when it comes to deciding whether this historic trade deal between the US and EU will become reality. With our democracy on the line and our health and environmental standards up for negotiation -- it couldn't be more vital for our MEPs to know exactly what they'll have to decide on. EU Commissioners say they're giving access to MEPs, but we know it's just not true. Share this infographic to make sure people all over Europe understand just how undemocratic this trade deal is."
Gary Edwards

What the EU might force Microsoft to do : comment by gary.edwards - 0 views

news.cnet.com/8601-13860_3-10149463.html

webkit ria xaml silverlight wpf eu anti-trust

shared by Gary Edwards on 28 Jan 09 - Cached
  • Gary Edwards on 28 Jan 09
     
    I've pretty much stayed out of the EU action against Microsoft primarily because it misses the mark by so much. The browser is not the means by which Microsoft seeks to create a Web based monopoly. MSIE is a useful tool used to frustrate Web developers and systems providers, but we are way beyond the point where removing/replacing MSIE becomes an effective remedy to Microsoft monopolist abuses. Way beyond! There is however no doubt in my mind that the browser is going to be the portable WebOS of the future. The problem is that browser runtimes are also host for proprietary runtime plug-ins. Like MS Silverlight! Read on freind. My comments are three part, and posted down the line, somewhere around 183. Heavy on the WebKit stuff as usual! Look for "gary.edwards".
Paul Merrell

EU looks into telecoms blocking Internet calls - International Herald Tribune - 0 views

www.iht.com/...mobile.php

antitrust interop EU DG Competition mobile devices standards

shared by Paul Merrell on 12 Nov 08 - Cached
  • European Union regulators are looking into whether mobile phone operators who block customers from making inexpensive wireless calls over the Internet are breaking competition rules. The European Commission, the EU antitrust authority, has sent questionnaires to phone companies asking what "tools" they use to "control, manage, block, slow down or otherwise restrict or filter" Internet-based voice calls. The EU deadline for responding to the survey was Tuesday. The questionnaire, obtained by Bloomberg News, does not identify any companies. Some mobile carriers have blocked services that use voice-over-Internet protocol, or VoIP, which allows users to make calls over the Web. Companies may be seeking to stop customers from accessing applications, like eBay's Skype, to defend voice revenue from the less expensive Internet services, Carolina Milanesi, research director for mobile devices at Gartner, the research company, said.
    • Paul Merrell
      Paul Merrell on 12 Nov 08
       
      Building a Connected World --- The Role of Antitrust Law and Lawyers.
  • Paul Merrell on 12 Nov 08
     
    Superficially, this sounds like an application of the principles won by DG Competition in the Court of First Instance's Commission v. Microsoft interoperability decision. But note that here we deal with an investigation into deliberately-created interop barriers rather than those maintained by withholding full communication protocol specifications from competitors. Notice that the investigation encompasses throttling of internet connections for particular uses, an increasingly common practice by Comcast and other ISPs in the U.S., where both VOIP and P2P file-sharing are targeted uses. E.U. and U.S. antitrust law are similar, as efforts to harmonize antitrust law on both sides of The Pond are now decades old; this move does not bode well for bandwidth throttling in the U.S., particularly when aimed at throttling competition. It takes no giant mental leap to apply such principles to big vendor-dominated IT standards bodies that deliberately create or maintain interop barriers in data format standards. Indeed, DG Competition Commissioner Neelie Kroes has already served notice that interop barriers in standards-setting is an item of interest.
Paul Merrell

Civil society organisations say no to intellectual property in EU - US trade agreement ... - 0 views

press.ffii.org/...U%20-%20US%20trade%20agreement

internet freedom trade agreements

shared by Paul Merrell on 18 Mar 13 - No Cached
  • Brussels, 18 March 2013 -- More than 35 European and United States civil society organisations insist that a proposed trade agreement between the EU and the US exclude any provisions related to patents, copyright, trademarks, or other forms of so-called "intellectual property". Such provisions could impede citizens' rights to health, culture, and free expression and otherwise affect their daily lives.
  • The civil society organisations also insist that the EU and US will release the negotiating texts of the trade agreement they intend to negotiate. They believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws.
  • We, the undersigned, are internet freedom and public health groups, activists, and other public interest leaders dedicated to the rights of all people to access cultural and educational resources and affordable medicines, to enjoy a free and open internet, and to benefit from open and needs-driven innovation. First, we insist that the European Union and United States release, in timely and ongoing fashion, any and all negotiating or pre-negotiation texts. We believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws. Second, we insist that the proposed TAFTA exclude any provisions related to patents, copyright, trademarks, data protection, geographical indications, or other forms of so-called "intellectual property". Such provisions could impede our rights to health, culture, and free expression and otherwise affect our daily lives.
  • ...1 more annotation...
  • Past trade agreements negotiated by the US and EU have significantly increased the privileges of multinational corporations at the expense of society in general. Provisions in these agreements can, among many other concerns, limit free speech, constrain access to educational materials such as textbooks and academic journals, and, in the case of medicines, raise healthcare costs and contribute to preventable suffering and death. Unless "intellectual property" is excluded from these talks, we fear that the outcome will be an agreement that inflicts the worst of both regimes’ rules on the other party. From a democratic perspective, we believe that important rules governing technology, health, and culture should be debated in the US Congress, the European Parliament, national parliaments, and other transparent forums where all stakeholders can be heard—not in closed negotiations that give privileged access to corporate insiders. The TAFTA negotiations must not lead to a rewriting of patent and copyright rules in a way that tilts the balance even further away from the interests of citizens.
Gonzalo San Gil, PhD.

Counter-Arguments Against ACTA - La Quadrature du Net - 0 views

www.laquadrature.net/...Counter-Arguments_Against_ACTA

acta no

shared by Gonzalo San Gil, PhD. on 29 Feb 12 - No Cached
  • Gonzalo San Gil, PhD. on 29 Feb 12
     
    [Below are arguments that can help you debunk the EU Commission's lies on ACTA, which are also relayed by pro-ACTA members of the EU Parliament. v · d · m Current main action: phone the Members of the European Parliament in the committees working on ACTA, INTA in particular. Ask them to commit to rejecting it, and ask that their committee do the same! The MEPs have been given a "fact-sheet" on ACTA's supposed inoffensiveness to reassure concerned citizens (that's you). You can find a debunking of these lies here.]
Paul Merrell

Belgium sues Facebook over illegal Privacy Violations of Users and Non-Users | nsnbc in... - 0 views

nsnbc.me/...lations-of-users-and-non-users

surveillance state Facebook litigation Belgium EU privacy

shared by Paul Merrell on 16 Jun 15 - No Cached
  • The Belgian government will be suing Facebook. The Commission for the Protection of Privacy states that Facebook violates Belgian and EU law by tracking systems that target both Facebook users as well as non-Facebook users. Facebook is known for cooperating with the U.S.’ National Security Agency. 
  • The Belgian privacy watchdog’s case against the internet giant Facebook will be heard at a court in Brussels on Thursday. The Commission has repeatedly requested that Facebook should comply with Belgian and EU law. Facebook failed to comply, and the Commission has no power to enforce the law; hence the decision to sue Facebook to attain a a court ruling. The President of the Commission for the Protection of Privacy, Willem Debeuckelaere, told the press that: “Facebook treats its users’ private lives without respect and that needs tackling. It’s not because we want to start a lawsuit over this, but we cannot continue to negotiate through other means. .. We want a judge to impose our recommendations. These recommendations are chiefly aimed at protecting internet users who are not Facebook members.”
  • The Belgian privacy watchdog alleges that Facebook tracks the web browsing of all visitors, including those who have specifically turned the tracking function off; This gathering of private information allegedly also includes those who do not have a Facebook account. Moreover, the Commission claims that Facebook has the capability to surveil computers without consent, even when users are logged out; and Facebook can monitor every PC of users that use websites with Facebook plugins. The capability to monitor both Facebook users and non-Facebook users allegedly functions via Cookies that store information about user’s internet activities, including preferential settings of websites and which websites internet users have visited. The Commission claims that Facebook installs these Cookies on all computers that visit websites that for example have a Facebook plugin to share internet content. That includes the computers of persons who do not make use of Facebook’s “share” or “like” button.
  • ...1 more annotation...
  • In other words, Facebook has the capacity to monitor your browser settings as well as which websites you have visited if you have read this article or any other article on any website that contains a Facebook “share” button, whether you “like” it or not. The Commissions lawsuit against Facebook is or particular importance due to the fact that the corporation is known for its cooperation with the United States’ National Security Agency (NSA). While the lawsuit is of particular interest for Belgian and EU citizens, it also sheds light on Facebook’s monitoring of U.S. citizens.
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

www.reuters.com/...ications-idUSBREA331W820140404

surveillance state NSA EU EU-cloud USTR WTO digital-privacy

shared by Paul Merrell on 08 Apr 14 - No Cached
  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
  • Paul Merrell on 08 Apr 14
     
    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Operation Socialist: How GCHQ Spies Hacked Belgium's Largest Telco - 0 views

firstlook.org/...elgacom-hack-gchq-inside-story

surveillance state GCHQ NSA Regin-malware Belgacom

shared by Paul Merrell on 15 Dec 14 - No Cached
  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
  • The full story about GCHQ’s infiltration of Belgacom, however, has never been told. Key details about the attack have remained shrouded in mystery—and the scope of the attack unclear. Now, in partnership with Dutch and Belgian newspapers NRC Handelsblad and De Standaard, The Intercept has pieced together the first full reconstruction of events that took place before, during, and after the secret GCHQ hacking operation. Based on new documents from the Snowden archive and interviews with sources familiar with the malware investigation at Belgacom, The Intercept and its partners have established that the attack on Belgacom was more aggressive and far-reaching than previously thought. It occurred in stages between 2010 and 2011, each time penetrating deeper into Belgacom’s systems, eventually compromising the very core of the company’s networks.
  • Snowden told The Intercept that the latest revelations amounted to unprecedented “smoking-gun attribution for a governmental cyber attack against critical infrastructure.” The Belgacom hack, he said, is the “first documented example to show one EU member state mounting a cyber attack on another…a breathtaking example of the scale of the state-sponsored hacking problem.”
  • ...7 more annotations...
  • When the incoming emails stopped arriving, it seemed innocuous at first. But it would eventually become clear that this was no routine technical problem. Inside a row of gray office buildings in Brussels, a major hacking attack was in progress. And the perpetrators were British government spies. It was in the summer of 2012 that the anomalies were initially detected by employees at Belgium’s largest telecommunications provider, Belgacom. But it wasn’t until a year later, in June 2013, that the company’s security experts were able to figure out what was going on. The computer systems of Belgacom had been infected with a highly sophisticated malware, and it was disguising itself as legitimate Microsoft software while quietly stealing data. Last year, documents from National Security Agency whistleblower Edward Snowden confirmed that British surveillance agency Government Communications Headquarters was behind the attack, codenamed Operation Socialist. And in November, The Intercept revealed that the malware found on Belgacom’s systems was one of the most advanced spy tools ever identified by security researchers, who named it “Regin.”
  • Publicly, Belgacom has played down the extent of the compromise, insisting that only its internal systems were breached and that customers’ data was never found to have been at risk. But secret GCHQ documents show the agency gained access far beyond Belgacom’s internal employee computers and was able to grab encrypted and unencrypted streams of private communications handled by the company. Belgacom invested several million dollars in its efforts to clean-up its systems and beef-up its security after the attack. However, The Intercept has learned that sources familiar with the malware investigation at the company are uncomfortable with how the clean-up operation was handled—and they believe parts of the GCHQ malware were never fully removed.
  • The revelations about the scope of the hacking operation will likely alarm Belgacom’s customers across the world. The company operates a large number of data links internationally (see interactive map below), and it serves millions of people across Europe as well as officials from top institutions including the European Commission, the European Parliament, and the European Council. The new details will also be closely scrutinized by a federal prosecutor in Belgium, who is currently carrying out a criminal investigation into the attack on the company. Sophia in ’t Veld, a Dutch politician who chaired the European Parliament’s recent inquiry into mass surveillance exposed by Snowden, told The Intercept that she believes the British government should face sanctions if the latest disclosures are proven.
  • What sets the secret British infiltration of Belgacom apart is that it was perpetrated against a close ally—and is backed up by a series of top-secret documents, which The Intercept is now publishing.
  • Between 2009 and 2011, GCHQ worked with its allies to develop sophisticated new tools and technologies it could use to scan global networks for weaknesses and then penetrate them. According to top-secret GCHQ documents, the agency wanted to adopt the aggressive new methods in part to counter the use of privacy-protecting encryption—what it described as the “encryption problem.” When communications are sent across networks in encrypted format, it makes it much harder for the spies to intercept and make sense of emails, phone calls, text messages, internet chats, and browsing sessions. For GCHQ, there was a simple solution. The agency decided that, where possible, it would find ways to hack into communication networks to grab traffic before it’s encrypted.
  • The Snowden documents show that GCHQ wanted to gain access to Belgacom so that it could spy on phones used by surveillance targets travelling in Europe. But the agency also had an ulterior motive. Once it had hacked into Belgacom’s systems, GCHQ planned to break into data links connecting Belgacom and its international partners, monitoring communications transmitted between Europe and the rest of the world. A map in the GCHQ documents, named “Belgacom_connections,” highlights the company’s reach across Europe, the Middle East, and North Africa, illustrating why British spies deemed it of such high value.
  • Documents published with this article: Automated NOC detection Mobile Networks in My NOC World Making network sense of the encryption problem Stargate CNE requirements NAC review – October to December 2011 GCHQ NAC review – January to March 2011 GCHQ NAC review – April to June 2011 GCHQ NAC review – July to September 2011 GCHQ NAC review – January to March 2012 GCHQ Hopscotch Belgacom connections
Paul Merrell

European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

firstlook.org/...gemalto-heist-shocks-europe

surveillance state Gemalto SIM-card-keys

shared by Paul Merrell on 24 Feb 15 - No Cached
  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
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  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
  • Paul Merrell on 24 Feb 15
     
    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

www.theguardian.com/...es-allowing-state-surveillance

surveillance state non-U.S.-spy-agencies Vodafone

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
  • ...2 more annotations...
  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
  • Paul Merrell on 07 Jun 14
     
    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Gonzalo San Gil, PhD.

EU Court: Open WiFi Operator Not Liable For Pirate Users - TorrentFreak - 0 views

torrentfreak.com/liable-for-pirate-users-160916

EU Court open wifi open Wi-Fi operator not no liable liability pirate users

shared by Gonzalo San Gil, PhD. on 16 Sep 16 - No Cached
  • Gonzalo San Gil, PhD. on 16 Sep 16
     
    " Andy on September 16, 2016 C: 33 Breaking The Court of Justice of the European Union has found that the operator of an open WiFi network can not be held liable for infringements carried out by his users. The case involved Pirate Party member Tobias McFadden who was accused by Sony of enabling music piracy."
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