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Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

onezero.medium.com/s-secret-monopoly-5718272c16a5

antitrust BigTech

shared by Paul Merrell on 29 Jul 20 - No Cached
  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
  • ...4 more annotations...
  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
Gonzalo San Gil, PhD.

FCC refuses broadband industry demand to halt Title II classification | Ars Technica [#... - 0 views

arstechnica.com/...o-halt-title-ii-classification

FCC refuses broadband industry demand to halt Title II

shared by Gonzalo San Gil, PhD. on 09 May 15 - No Cached
  • Gonzalo San Gil, PhD. on 09 May 15
     
    "by Jon Brodkin - May 8, 2015 9:45 pm UTC [http://www.dailydot.com/politics/what-is-title-ii-net-neutrality-fcc/] Share Tweet 30 The Federal Communications Commission today denied the requests of five broadband industry trade groups that asked for an immediate halt to the reclassification of Internet service providers as common carriers subject to Title II regulation."
  • Gonzalo San Gil, PhD. on 09 May 15
     
    "by Jon Brodkin - May 8, 2015 9:45 pm UTC [http://www.dailydot.com/politics/what-is-title-ii-net-neutrality-fcc/] Share Tweet 30 The Federal Communications Commission today denied the requests of five broadband industry trade groups that asked for an immediate halt to the reclassification of Internet service providers as common carriers subject to Title II regulation."
Gonzalo San Gil, PhD.

That Study In Every Paper Claiming Title II Will Result In $15 Billion In New Taxes? Ye... - 1 views

www.techdirt.com/...es-yeah-thats-total-bunk.shtml

Title II critics fake research bunk net neutrality Billions loss taxes

shared by Gonzalo San Gil, PhD. on 22 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 22 Jan 15
     
    "As also noted, the claim was quickly picked up by media outlets and large ISP executives as the centerpiece of a campaign to convince the press, public and regulators that Title II will result in the sky falling. The cable industry was also quick to use the study as the underpinning of a series of ads pretending they care about soaring consumer bills (adorabl"
  • Gonzalo San Gil, PhD. on 22 Jan 15
     
    "As also noted, the claim was quickly picked up by media outlets and large ISP executives as the centerpiece of a campaign to convince the press, public and regulators that Title II will result in the sky falling. The cable industry was also quick to use the study as the underpinning of a series of ads pretending they care about soaring consumer bills (adorabl"
Paul Merrell

FCC Chairman Tom Wheeler: This Is How We Will Ensure Net Neutrality | WIRED - 0 views

www.wired.com/...hairman-wheeler-net-neutrality

net-neutrality FCC Title-II rules

shared by Paul Merrell on 05 Feb 15 - No Cached
  • That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections. Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC. These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission. All of this can be accomplished while encouraging investment in broadband networks. To preserve incentives for broadband operators to invest in their networks, my proposal will modernize Title II, tailoring it for the 21st century, in order to provide returns necessary to construct competitive networks. For example, there will be no rate regulation, no tariffs, no last-mile unbundling. Over the last 21 years, the wireless industry has invested almost $300 billion under similar rules, proving that modernized Title II regulation can encourage investment and competition.
  • Paul Merrell on 05 Feb 15
     
    Victory on Net Neutrality in sight. The FCC Chairman is circulating a draft rule that designates both cable and wireless ISPs as "common carriers" under Title II.  
Paul Merrell

FCC 'very much' eyeing Web rules shakeup | TheHill - 0 views

thehill.com/...-much-eyeing-web-rules-shakeup

net-neutrality FCC cable-ISPs

shared by Paul Merrell on 19 Sep 14 - No Cached
  • The head of the Federal Communications Commission was quick to reassure lawmakers on Wednesday that his agency is seriously considering using the authority it has to regulate phone lines on Internet service providers.“Title II is very much on the table,” Chairman Tom Wheeler said during a House Small Business Committee hearing on Wednesday, referring to the section of the Communications Act that some have urged the agency to turn to for stronger rules.“I will assure you that Title II is very much a topic of conversation and on the table and something that’s we’ve specially asked for comment on,” he added.In its controversial proposal on net neutrality — the notion that Internet service companies like Comcast or Cox should be banned from slowing or block access to some websites — the agency specifically asked whether it should reclassify broadband Internet as a “telecommunications service” and open them up to Title II rules, instead of an “information service.”
  • The plan Wheeler proposed earlier this year would not rely on that authority, but would instead allow for companies to make “commercially reasonable” deals to speed up users’ service on a particular website. Critics have said that would lead to “fast lanes” on the Internet, with quicker speeds for wealthy companies and slower service everywhere else.Supporters of strong rules have told the FCC that the stronger legal backing is the best way to prevent companies from slowing users’ service or blocking their access to particular websites.Critics, however, have said that the rules were designed for telephone monopolies and would lead to utility-style regulation on the Internet. In their comments to the FCC, cable companies have said that reclassifying broadband service to use the tough rules would likely be a violation of the law, which could tie the new rules up in court for years to come.
  • Paul Merrell on 19 Sep 14
     
    Of course Comcast, et ilk don't want Title II regulation. "Hey, just because we've divvied up the turf so that we've got geographical monopolies doesn't mean we shouldn't be able to leverage our monopolies into new monopolies." But the big cable companies got where they are by buying up community-granted and regulated monopoly utility companies. As part of consolidating those markets, the soon-to-be-gnormous cable companies, lobbied to get community regulation weakened and here we are with the FCC, with the cable companies now acting as ISPs too, which is straightforward telecommunications provider service, and these guys want to be able to charge a premium to the big internet content companies for fast-service after their ISP customers have already paid for fast service? So they can slow down the competition for their own content services.  Heck, yes, FCC. No one forced Comcast and crew to become telecommunications providers. Make 'em live with telecommunications regulation like all the other telcos. They are government-created monopolies and they should be regulated as such.   
Gonzalo San Gil, PhD.

Entire broadband industry seeks immediate halt to Title II classification | Ars Technica - 1 views

arstechnica.com/...alt-to-title-ii-classification

entire broadband industry propest Title II reclasification as common carriers

shared by Gonzalo San Gil, PhD. on 09 May 15 - No Cached
  • Gonzalo San Gil, PhD. on 09 May 15
     
    "by Jon Brodkin - May 1, 2015 8:34 pm UTC Share Tweet 141 Four major trade associations representing broadband providers today asked for an immediate halt to the Federal Communications Commission decision to reclassify the providers as common carriers under Title II of the Communications Act."
Paul Merrell

FCC Chairman Moves Toward Real Net Neutrality Protections | Free Press - 0 views

www.freepress.net/...eal-net-neutrality-protections

net-neutrality FCC regulations common-carrier FCC-plans

shared by Paul Merrell on 09 Jan 15 - No Cached
  • In an appearance at the Consumer Electronics Show in Las Vegas today, FCC Chairman Tom Wheeler indicated that he will move to protect Net Neutrality by reclassifying Internet access under Title II of the Communications Act. The chairman plans to circulate a new rule in early February. The agency is expected to vote on it during its Feb. 26 open meeting. Free Press President and CEO Craig Aaron made the following statement: “Chairman Wheeler appears to have heard the demands of the millions of Internet users who have called for real Net Neutrality protections. The FCC’s past decisions to put its oversight authority on ice resulted in Net Neutrality being under constant threat. Wheeler now realizes that it’s best to simply follow the law Congress wrote and ignore the bogus claims of the biggest phone and cable companies and their well-financed front groups. “Of course the devil will be in the details, and we await publication of the agency's final decision. But it’s refreshing to see the chairman firmly reject the industry’s lies and scare tactics. As we’ve said all along, Title II is a very flexible, deregulatory framework that ensures investment and innovation while also preserving the important public interest principles of nondiscrimination, universal service, interconnection and competition.”
  • Paul Merrell on 09 Jan 15
     
    Title II is for "common carriers." See http://transition.fcc.gov/Reports/1934new.pdf pg. 35. Under Section 202: "(a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. (c) Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense. 
Paul Merrell

FCC votes to protect the internet with Title II regulation | The Verge - 0 views

www.theverge.com/...lity-victory-internet-title-ii

net neutrality FCC

shared by Paul Merrell on 26 Feb 15 - No Cached
  • Net neutrality has won at the FCC. In a 3-to-2 vote, the Federal Communications Commission today established a new Open Internet Order that implements strict net neutrality rules, including prohibitions on site and app blocking, speed throttling, and paid fast lanes.
  • Critically, the order also reclassifies internet providers' offerings as telecommunications services under Title II of the Communications Act. Though this is likely to provoke a challenge in court, Title II gives the commission the tools it needs to enforce these strict rules. This is also the first time that net neutrality rules will apply, in full, to mobile internet service. Additionally, the commission uses the new order to assert its ability to investigate and address complaints about "interconnect" agreements — deals made between internet providers like Comcast and content companies like Netflix, which has regularly complained that these deals are unfair. The FCC's new order establishes a standard that requires internet providers to take no actions that unreasonably interfere with or disadvantage consumers or the companies whose sites and apps they're trying to access. At most, internet providers may slow down service only for the purpose of "reasonable network management" — not a business purpose.
Gonzalo San Gil, PhD.

Fixing The Broadband Market And Protecting Net Neutrality By Prying Open Incumbent Netw... - 1 views

www.techdirt.com/...o-meaningful-competition.shtml

fixing broadband market protecting net neutrality networks competition

shared by Gonzalo San Gil, PhD. on 23 Nov 14 - No Cached
  • Gonzalo San Gil, PhD. on 23 Nov 14
     
    "from the your-promised-broadband-Utopia-never-arrived dept While Title II is the best net neutrality option available in the face of a lumbering broadband duopoly, it still doesn't fix the fact that the vast majority of customers only have the choice of one or two broadband options. It's this lack of competition that not only results in net neutrality violations (as customers can't vote down stupid ISP behavior with their wallet), but the higher prices and abysmal customer service so many of us have come to know and love"
  • Gonzalo San Gil, PhD. on 23 Nov 14
     
    "from the your-promised-broadband-Utopia-never-arrived dept While Title II is the best net neutrality option available in the face of a lumbering broadband duopoly, it still doesn't fix the fact that the vast majority of customers only have the choice of one or two broadband options. It's this lack of competition that not only results in net neutrality violations (as customers can't vote down stupid ISP behavior with their wallet), but the higher prices and abysmal customer service so many of us have come to know and love"
Gonzalo San Gil, PhD.

On net neutrality, Internet providers are betrayed by one of their own | Ars Technica - 2 views

arstechnica.com/...e-betrayed-by-one-of-their-own

net neutrality internet providers common carriers imposed

shared by Gonzalo San Gil, PhD. on 09 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 09 Jan 15
     
    "They're not happy anymore, especially not after Wheeler yesterday all but confirmed at the Consumer Electronics Show (CES) that he will propose reclassifying Internet providers as common carriers in order to impose net neutrality rules. This would expose broadband to some of the FCC's strongest powers contained in Title II of the Communications Act, usually reserved for wireline phone service." [# ! The saddest... # ! ... of this story is that , one more time, is clearly shown that, # ! in the #Internet issues, #citizens are the least #important.... (# ! and it's yet to be seen if that, finally, Internet providers are reclassified as "common carriers in order to impose net neutrality rules". )]
  • Gonzalo San Gil, PhD. on 09 Jan 15
     
    "They're not happy anymore, especially not after Wheeler yesterday all but confirmed at the Consumer Electronics Show (CES) that he will propose reclassifying Internet providers as common carriers in order to impose net neutrality rules. This would expose broadband to some of the FCC's strongest powers contained in Title II of the Communications Act, usually reserved for wireline phone service."
Gonzalo San Gil, PhD.

UK Media Regulator Again Threatens RT for "Bias": This Time, Airing "Anti-Western Views... - 0 views

firstlook.org/...bias-airing-anti-western-views

UK Media regulator again threatens RT bias aka freedom of opinion freedom opinion Human Rights

shared by Gonzalo San Gil, PhD. on 06 Mar 15 - No Cached
  • Gonzalo San Gil, PhD. on 06 Mar 15
     
    "In 2001, Her Majesty Queen Elizabeth II used the occasion of the annual "Queen's Speech" to unveil a new statutory proposal to regulate all media operating in her realm, one provision of which was the creation of the "Office of Communications" (Ofcom) to monitor and punish television outlets which exhibit "bias.""
  • Gonzalo San Gil, PhD. on 06 Mar 15
     
    "In 2001, Her Majesty Queen Elizabeth II used the occasion of the annual "Queen's Speech" to unveil a new statutory proposal to regulate all media operating in her realm, one provision of which was the creation of the "Office of Communications" (Ofcom) to monitor and punish television outlets which exhibit "bias.""
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

POGO Adds its Voice to Calls for Secret Law Oversight - 0 views

www.pogo.org/...-for-secret-law-oversight.html

surveillance state mass-surveillance legislation NSA-reform must-read

shared by Paul Merrell on 25 Apr 15 - No Cached
  • April 21, 2015 Dear Chairman Goodlatte, Ranking Member Conyers, Chairman Grassley, and Ranking Member Leahy: We urge you to end mass surveillance of Americans. Among us are civil liberties organizations from across the political spectrum that speak for millions of people, businesses, whistleblowers, and experts. The impending expiration of three USA PATRIOT Act provisions on June 1 is a golden opportunity to end mass surveillance and enact additional reforms. Current surveillance practices are virtually limitless. They are unnecessary, counterproductive, and costly. They undermine our economy and the public’s trust in government. And they undercut the proper functioning of government. Meaningful surveillance reform entails congressional repeal of laws and protocols the Executive secretly interprets to permit current mass surveillance practices. Additionally, it requires Congress to appreciably increase transparency, oversight, and accountability of intelligence agencies, especially those that have acted unconstitutionally.
  • A majority of the House of Representatives already has voted against mass surveillance. The Massie-Lofgren amendment to the National Defense Authorization Act [i] garnered 293 votes in support of defunding “backdoor searches.” Unfortunately, that amendment was not included in the “CRomnibus"[ii] despite overwhelming support.  We urge you to act once again to vindicate our fundamental liberties.
  • Paul Merrell on 25 Apr 15
     
    Finally! A proposal for mass-surveillance reform that goes far beyond prior overly-modest proposals backed by ACLU, Electronic Frontier Foundation, etc., that were based on negotiation with members of Congress. This proposal is backed by a wide range of other organizations. A must-read.
Paul Merrell

Security Experts Oppose Government Access to Encrypted Communication - The New York Times - 0 views

www.nytimes.com/...o-encrypted-communication.html

encryption government-backdoors expert-report

shared by Paul Merrell on 08 Jul 15 - No Cached
  • An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.A new paper from the group, made up of 14 of the world’s pre-eminent cryptographers and computer scientists, is a formidable salvo in a skirmish between intelligence and law enforcement leaders, and technologists and privacy advocates. After Edward J. Snowden’s revelations — with security breaches and awareness of nation-state surveillance at a record high and data moving online at breakneck speeds — encryption has emerged as a major issue in the debate over privacy rights.
  • That has put Silicon Valley at the center of a tug of war. Technology companies including Apple, Microsoft and Google have been moving to encrypt more of their corporate and customer data after learning that the National Security Agency and its counterparts were siphoning off digital communications and hacking into corporate data centers.
  • Yet law enforcement and intelligence agency leaders argue that such efforts thwart their ability to monitor kidnappers, terrorists and other adversaries. In Britain, Prime Minister David Cameron threatened to ban encrypted messages altogether. In the United States, Michael S. Rogers, the director of the N.S.A., proposed that technology companies be required to create a digital key to unlock encrypted data, but to divide the key into pieces and secure it so that no one person or government agency could use it alone.The encryption debate has left both sides bitterly divided and in fighting mode. The group of cryptographers deliberately issued its report a day before James B. Comey Jr., the director of the Federal Bureau of Investigation, and Sally Quillian Yates, the deputy attorney general at the Justice Department, are scheduled to testify before the Senate Judiciary Committee on the concerns that they and other government agencies have that encryption technologies will prevent them from effectively doing their jobs.
  • ...2 more annotations...
  • The new paper is the first in-depth technical analysis of government proposals by leading cryptographers and security thinkers, including Whitfield Diffie, a pioneer of public key cryptography, and Ronald L. Rivest, the “R” in the widely used RSA public cryptography algorithm. In the report, the group said any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk. Handing governments a key to encrypted communications would also require an extraordinary degree of trust. With government agency breaches now the norm — most recently at the United States Office of Personnel Management, the State Department and the White House — the security specialists said authorities could not be trusted to keep such keys safe from hackers and criminals. They added that if the United States and Britain mandated backdoor keys to communications, China and other governments in foreign markets would be spurred to do the same.
  • “Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”
  • Paul Merrell on 08 Jul 15
     
    Our system of government does not expect that every criminal will be apprehended and convicted. There are numerous values our society believes are more important. Some examples: [i] a presumption of innocence unless guilt is established beyond any reasonable doubt; [ii] the requirement that government officials convince a neutral magistrate that they have probable cause to believe that a search or seizure will produce evidence of a crime; [iii] many communications cannot be compelled to be disclosed and used in evidence, such as attorney-client communications, spousal communications, and priest-penitent communications; and [iv] etc. Moral of my story: the government needs a much stronger reason to justify interception of communications than saying, "some crooks will escape prosecution if we can't do that." We have a right to whisper to each other, concealing our communicatons from all others. Why does the right to whisper privately disappear if our whisperings are done electronically? The Supreme Court took its first step on a very slippery slope when it permitted wiretapping in Olmstead v. United States, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). https://goo.gl/LaZGHt It's been a long slide ever since. It's past time to revisit Olmstead and recognize that American citizens have the absolute right to communicate privately. "The President … recognizes that U.S. citizens and institutions should have a reasonable expectation of privacy from foreign or domestic intercept when using the public telephone system." - Brent Scowcroft, U.S. National Security Advisor, National Security Decision Memorandum 338 (1 September 1976) (Nixon administration), http://www.fas.org/irp/offdocs/nsdm-ford/nsdm-338.pdf   
Paul Merrell

Sun's Advanced Datacenter (Santa Clara, CA) - System News - 0 views

sun.systemnews.com/...20168

data center container sun-msft cloud

shared by Paul Merrell on 11 Jul 08 - Cached
  • To run Sun’s award-winning data centers, a modular design containing many "pods" was implemented to save power and time. The modular design aids the building of any sized datacenter. Inside of each pod, there are 24 racks. Each of these 24 racks has a common cooling system as does every other modular building block. The number of pods is limited by the size of the datacenters. Large and small datacenters can benefit from using the pod approach. The module design makes it easy to configure a datacenter to meet a client's requirements. As the datacenter grows over time, adding pods is convenient. The module and pod designs make it easy to adapt to new technology such as blade servers. Some of the ways that Sun’s datacenter modules are designed with the future in mind are as follows:
  • To run Sun’s award-winning data centers, a modular design containing many "pods" was implemented to save power and time. The modular design aids the building of any sized datacenter. Inside of each pod, there are 24 racks. Each of these 24 racks has a common cooling system as does every other modular building block. The number of pods is limited by the size of the datacenters. Large and small datacenters can benefit from using the pod approach. The module design makes it easy to configure a datacenter to meet a client's requirements. As the datacenter grows over time, adding pods is convenient. The module and pod designs make it easy to adapt to new technology such as blade servers.
  • An updated 58-page Sun BluePrint covers Sun's approach to designing datacenters. (Authors - Dean Nelson, Michael Ryan, Serena DeVito, Ramesh KV, Petr Vlasaty, Brett Rucker, and Brian Day): ENERGY EFFICIENT DATACENTERS: THE ROLE OF MODULARITY IN DATACENTER DESIGN. More Information Sun saves $1 million/year with new datacenter Take a Virtual Tour
  • ...3 more annotations...
  • An updated 58-page Sun BluePrint covers Sun's approach to designing datacenters. (Authors - Dean Nelson, Michael Ryan, Serena DeVito, Ramesh KV, Petr Vlasaty, Brett Rucker, and Brian Day): ENERGY EFFICIENT DATACENTERS: THE ROLE OF MODULARITY IN DATACENTER DESIGN.
  • Take a Virtual Tour
  • Other articles in the Hardware section of Volume 125, Issue 1: Sun's Advanced Datacenter (Santa Clara, CA) Modular Approach Is Key to Datacenter Design for Sun Sun Datacenter Switch 3x24 See all archived articles in the
  • Paul Merrell on 11 Jul 08
     
    This page seems to be the hub for information about the Sun containerized data centers. I've highlighted links as well as text, but not all the text on the page. Info gathered in the process of surfing the linked pages: [i] the 3x24 data switch page recomends redundant Solaris instances; [ii] x64 blade servers are the design target; [iii] there is specific mention of other Sun-managed data centers being erected in Indiana and in Bangalore, India; [iv] the whiff is that Sun might not only be supplying the data centers for the Microsoft cloud but also managing them; and [v] the visual tour is very impressive; clearly some very brilliant people put a lot of hard and creative work into this.
Paul Merrell

YouTube - Lessig on McCain on Tech - 0 views

www.youtube.com/watch

broadband lessig mccain network neutrality obama uptake

shared by Paul Merrell on 20 Aug 08 - Cached
  • Paul Merrell on 20 Aug 08
     
    Last week, the John McCain campaign finally published its technology platform plank. Larry Lessig takes a critical look at it on three major issues: [i] U.S. broadband uptake relative to other nations; [ii] network neutrality. as it relates to the freedom of internet users to select what use they wish to make of the internet; and [iii how the McCain platform contrasts with the Obama technology plank. Lessig's normal luciidity and in-depth research shines brightly in this Informative video presentation to make his point that the future of the Web is now a presidential campaign issue.
Paul Merrell

Microsoft Loses E.U. Antitrust Case - washingtonpost.com - 0 views

www.washingtonpost.com/...AR2009011604570.html

Microsoft Opera DG Competion MSIE Windows antitrust tying

shared by Paul Merrell on 17 Jan 09 - Cached
  • It ordered the software giant to untie the browser from its operating system in the 27-nation E.U.
  • The commission's investigation into Microsoft's Web-surfing software began a year ago, after the Norwegian browser-maker Opera Software filed a complaint. Opera argued that Microsoft hurt competitors not only by bundling the software, in effect giving away the browser, but also by not following accepted Web standards. That meant programmers who built Web pages would have to tweak their codes for different browsers. In many cases, they simply designed pages that worked with market-leading Internet Explorer but showed up garbled on competing browsers.
  • At the time of the complaint, Opera said it was asking E.U. regulators to either force Microsoft to market a version of Windows without the browser, or to include other browsers with Windows.
  • Paul Merrell on 17 Jan 09
     
    The Post too says that DG Competition ordered the unbundling of MSIE from Windows. But again no attribution for the statement. They also leave the impression that Opera's complaint regarding the undermining of open web standards was upheld, something not stated in either the Microsoft or DG Competition announcements. So the questions of the day are: [i] did the Commission order the unbundling of MSIE from Windows; and [ii] did the Commission also rule on the undermining of open web standards. The latter question could be of critical importance in the still ongoing proceeding regarding the ECIS complaint in regard to the undermining of ODF by Microsoft pushing OOXML.
Paul Merrell

ZoooS Previews "OpenOffice.org 3.0 in a Browser" | Software Journal - 0 views

stuff.techwhack.com/4729-zooos

cartel dead end technology ooo zoos

shared by Paul Merrell on 06 Sep 08 - Cached
  • ZoooS LLC today previewed ZoooS Office, a web-based office suite that puts OpenOffice.org 3.0 in a browser, targeting enterprise, SMB, and individual users alike with a blend of software-as-a-service (SaaS) and desktop advantages.
  • Other key ZoooS Office implementations will include Mozilla XULRunner; Firefox, Opera, Safari as well as the new Google Chrome web browser; social networking sites such as Facebook, MySpace, and Second Life; and Nintendo Wii and Sony PlayStation. Regardless of implementation, ZoooS applications run entirely on the client machine, performing all file operations locally to reduce network traffic, improve application performance, and support offline access.
  • Public availability of ZoooS Office is scheduled for the fourth quarter of 2008. Initially, ZoooS will deliver the Mozilla XULRunner version, a Firefox plug-in, an Opera widget, and an intranet server. ZoooS will follow up with a Vista gadget and Internet Explorer support in the first half of 2009. For more information on ZoooS, please visit www.zooos.com.
  • Paul Merrell on 06 Sep 08
     
    Yet another wrapper around OpenOffice.org, this time the 3.0 version still in beta. $99.90 per seat for 10 users, Lots of Javascript to give a web collaboration capability. Perhaps most notable so far: [i] a sniff that there's a fair amount of money behind this one; and [ii] an article by Eric Lai says they approached the OOo Project but were rebuffed because they compete with desktop OOo. Support for different browsers planned. an XULRunner plug-in the works. Several mashups mentioned. Claims 80 percent of OOo features available, which is another way of saying that 20 per cent of the features are not supported. Claim that oSays code will be released under GPL. Apparently that's just their custom stuff because OOo 3.0 beta is LGPL. Building a business atop a code base controlled by a malevolent branch of Sun Microsystems seems less than wise. More at zooos.com. Preliminary impression: Like OOo itself, dead end technology that sucks mind and market share from software that supports truly open standards. The world needs to figure out that the OpenDocument format is roughly as open as OOXML. Open standards are fully specified so anyone can implement them.
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

europa.eu/...pressReleasesAction.do

shared by Paul Merrell on 17 Jan 09 - Cached
  • As regards interoperability, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies as regards interoperability disclosures. In the complaint by ECIS, Microsoft is alleged to have illegally refused to disclose interoperability information across a broad range of products, including information related to its Office suite, a number of its server products, and also in relation to the so called .NET Framework. The Commission's examination will therefore focus on all these areas, including the question whether Microsoft's new file format Office Open XML, as implemented in Office, is sufficiently interoperable with competitors' products. As for the tying of separate software products, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system.
    • Paul Merrell
      Paul Merrell on 17 Jan 09
       
      Note the scope of the original complaint now being prosecuted by DG Competition: [i] tying MSIE to Windows; [ii] adding proprietary tehnology to MSIE that conflict with open internet standards; [iiii] tying desktop search and Windows Live, presumably to Vista. Initial press reports of the DG Competition statement of objections mention only the tying of MSIE to Windows issue,. So we do not yet know whether the other complaints are being prosecuted. But perhaps worthy of note, the press's acknowledged source of information iis Microsoft, which has incentives to soft-pedal the scope of the objections. Also note from the press reports that the Comission has not yet announced its position on the ECIS complaint involving Office and OOXML.
Paul Merrell

IDABC - Revision of the EIF and AG - 0 views

ec.europa.eu/...7728

interoperability frameworks interop egov idabc

shared by Paul Merrell on 18 Nov 08 - Cached
  • In 2006, the European Commission has started the revision of the European Interoperability Framework (EIF) and the Architecture Guidelines (AG).
  • The European Commission has started drafting the EIF v2.0 in close cooperation with the concerned Commission services and with the Members States as well as with the Candidate Countries and EEA Countries as observers.
  • A draft document from which the final EIF V2.0 will be elaborated was available for external comments till the 22nd September. The proposal for the new EIF v2.0 that has been subject to consultation, is available: [3508 Kb]
  • Paul Merrell on 18 Nov 08
     
    This planning document forms the basis for the forthcoming work to develop European Interoperability Framework v. 2.0. It is the overview of things to come, so to speak. Well worth the read to see how SOA concepts are evolving at the bleeding edge. But also noteworthy for the faceted expansion in the definition of "interoperability," which now includes: [i] political context; [ii] legal interop; [iii] organizational interop; [iv] semantic interop; and [v] technical interop. A lot of people talk the interop talk; this is a document from people who are walking the interop walk, striving to bring order out of the chaos of incompatible ICT systems across the E.U.
  • Paul Merrell on 18 Nov 08
     
    Full disclosure: I submitted detailed comments on the draft of the subject document on behalf of the Universal Interoperability Council. One theme of my comments was embraced in this document: the document recognizes human-machine interactions as a facet of interoperability, moving accessibility and usability from sideshow treatment in the draft to part of the technical interop dimension of the plan.
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