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Gonzalo San Gil, PhD.

Patent abuse litigation laws passed or pending in over twenty U.S. states | Opensource.com - 0 views

opensource.com/...tate-laws-target-patent-trolls

patent abuse laws u s states twenty opensource against trolls their end

shared by Gonzalo San Gil, PhD. on 11 Jun 14 - No Cached
  • Gonzalo San Gil, PhD. on 11 Jun 14
     
    "Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states."
  • Gonzalo San Gil, PhD. on 11 Jun 14
     
    "Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states."
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
  • Gary Edwards on 13 Sep 14
     
    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
  • Paul Merrell on 14 Sep 14
     
    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gonzalo San Gil, PhD.

New 'Company' Claims It Uses Algorithms To Create Content Faster Than Creators Can, Mak... - 1 views

www.techdirt.com/...ure-creations-infringing.shtml

company uses algorithms creatin content claim copyright over everything created even future

shared by Gonzalo San Gil, PhD. on 30 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 30 Sep 14
     
    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. " [# ! The Dark Side of the #Copyright, #unveiled: # ! It's just to #undermine #creation (contrarily to its original #aim…) (# ! #wonder why #copyleft is #rising…)]
  • Gonzalo San Gil, PhD. on 30 Sep 14
     
    "from the [algorithmically-generated-trollface] dept Over the weekend, TorrentFreak covered the discovery of the latest thing in copyright enforcement: algorithmically-generated content created solely for the purpose of extracting infringement settlements and licensing fees. "
Gary Edwards

Tech Execs Express Extreme Concern That NSA Surveillance Could Lead To 'Breaking' The I... - 0 views

www.techdirt.com/...ead-to-breaking-internet.shtml

NSA-Patriot-Act-NDAA

shared by Gary Edwards on 10 Oct 14 - No Cached
  • We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stronger than our military might is our moral authority. And this decline in trust, has not only effected people's trust in American technology products. It has effected people's willingness to trust the leadership of the United States. If we are going to win the war on terror. If we are going to keep the public safe. If we are going to improve American competitiveness, we need Congress to stay on the path it's set. We need Congress to finish in December the job the President put before Congress in January.
  • Gary Edwards on 10 Oct 14
     
    "Nothing necessarily earth-shattering was said by anyone, but it did involve a series of high powered tech execs absolutely slamming the NSA and the intelligence community, and warning of the vast repercussions from that activity, up to and including potentially splintering or "breaking" the internet by causing people to so distrust the existing internet, that they set up separate networks on their own. The execs repeated the same basic points over and over again. They had been absolutely willing to work with law enforcement when and where appropriate based on actual court orders and review -- but that the government itself completely poisoned the well with its activities, including hacking into the transmission lines between overseas datacenters. Thus, as Eric Schmidt noted, if the NSA and other law enforcement folks are "upset" about Google and others suddenly ramping up their use of encryption and being less willing to cooperate with the government, they only have themselves to blame for completely obliterating any sense of trust. Microsoft's Brad Smith, towards the end, made quite an impassioned plea -- it sounded more like a politician's stump speech -- about the need for rebuilding trust in the internet. It's at about an hour and 3 minutes into the video. He points out that while people had expected Congress to pass the USA Freedom Act, the rise of ISIS and other claimed threats has some people scared, but, he notes: We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stron
Paul Merrell

Study: Surveillance will cost US tech sector more than $35B by 2016 | TheHill - 0 views

thehill.com/...s-tech-sector-over-35b-by-2016

surveillance state NSA-blowback U.S.-tech-cos

shared by Paul Merrell on 10 Jun 15 - No Cached
  • A new study says that the U.S. tech industry is likely to lose more than $35 billion from foreign customers by 2016 because of concerns over government surveillance.“In short, foreign customers are shunning U.S. companies,” the authors of a new study from the Information Technology and Innovation Foundation write.ADVERTISEMENT“The U.S. government’s failure to reform many of the NSA’s surveillance programs has damaged the competitiveness of the U.S. tech sector and cost it a portion of the global market share,” they said.The think tank’s report found that the cost to the tech sector associated with ongoing concerns over surveillance programs run out of the U.S. was likely to “far exceed” $35 billion by 2016, an earlier estimate set by the group.
  • The group said that lawmakers must enact additional reforms to surveillance policy if they wish to help the tech sector regain the trust of foreign customers. That includes opposing “backdoors,” which allow law enforcement to access otherwise encrypted data, and signing off on trade agreements, including the controversial Trans-Pacific Partnership, that “ban digital protectionism.”The study’s authors found that the revelations about broad U.S. surveillance programs acted as a justification for foreign policymakers to enact protectionist policies aimed at aiding their own domestic technology sectors.Foreign companies have also used the information about U.S. surveillance programs to their advantage.“Some European companies have begun to highlight where their digital services are hosted as an alternative to U.S. companies,” the authors write.
  • American companies, they found, have lost contracts to foreign competitors over fears about mass surveillance.Earlier this month, President Obama signed the USA Freedom Act, a bill that reformed the three Patriot Act provisions that authorized the bulk, warrantless collection of Americans’ phone records. The bill was widely supported by technology companies, including giants like Apple and Google.
Gonzalo San Gil, PhD.

More Closed-Door Meetings, a New Chief Transparency Officer, and Growing International ... - 0 views

www.eff.org/...new-chief-transparency-officer

TPP transparency chief officer growing international opposition meetings deal

shared by Gonzalo San Gil, PhD. on 20 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 20 Sep 15
     
    "Over the past month, trade officials have been frantically working to resolve outstanding disagreements over provisions in the Trans-Pacific Partnership (TPP) in the midst of speculation that the deal is in deep trouble."
Gary Edwards

WebKit and the Future of the Open Web - 0 views

docs.google.com/Doc

css3 html5 openweb ria w3c webkit whatwg

shared by Gary Edwards on 10 Jul 08 - Cached
  • Gary Edwards on 10 Jul 08
     
    I reformatted my response to marbux concerning HTML5 and web application lack of interoperability. The original article these comments were posted to is titled, "Siding with HTML over XHTML, My Decision to Switch.... ".
Gary Edwards

Siding with HTML over XHTML, My Decision to Switch - Monday By Noon - 0 views

mondaybynoon.com/...er-xhtml-my-decision-to-switch

css html javascript xhtml

shared by Gary Edwards on 03 Jul 08 - Cached
  • Publishing content on the Web is in no way limited to professional developers or designers, much of the reason the net is so active is because anyone can make a website. Sure, we (as knowledgeable professionals or hobbyists) all hope to make the Web a better place by doing our part in publishing documents with semantically rich, valid markup, but the reality is that those documents are rare. It’s important to keep in mind the true nature of the Internet; an open platform for information sharing.
  • XHTML2 has some very good ideas that I hope can become part of the web. However, it’s unrealistic to think that all web authors will switch to an XML-based syntax which demands that browsers stop processing the document on the first error. XML’s draconian policy was an attempt to clean up the web. This was done around 1996 when lots of invalid content entered the web. CSS took a different approach: instead of demanding that content isn’t processed, we defined rules for how to handle the undefined. It’s called “forward-compatible parsing” and means we can add new constructs without breaking the old. So, I don’t think XHTML is a realistic option for the masses. HTML 5 is it.
    • Gary Edwards
      Gary Edwards on 09 Jul 08
       
      Great quote from CSS expert Hakon Wium Lie.
  • @marbux: Of course i disagree with your interop assessment, but I wondered how it is that you’re missing the point. I think you confuse web applications with legacy desktop – client/server application model. And that confusion leads to the mistake of trying to transfer the desktop document model to one that could adequately service advancing web applications.
  • Gary Edwards on 03 Jul 08
     
    A CMS expert argues for HTML over XHTML, explaining his reasons for switching. Excellent read! He nails the basics. for similar reasons, we moved from ODF to ePUB and then to CDf and finally to the advanced WebKit document model, where wikiWORD will make it's stand.
  • Paul Merrell on 09 Jul 08
     
    See also my comment on the same web page that explains why HTML 5 is NOT it for document exchange between web editing applications. .
  • Gary Edwards on 09 Jul 08
     
    Response to marbux supporting the WebKit layout/document model. Marbux argues that HTML5 is not interoperable, and CSS2 near useless. HTML5 fails regarding the the interop web appplications need. I respond by arguing that the only way to look at web applications is to consider that the browser layout engine is the web application layout engine! Web applications are actually written to the browser layout/document model, OR, to take advantage of browser plug-in capabilities. The interoperability marbux seeks is tied directly to the browser layout engine. In this context, the web format is simply a reflection of that layout engine. If there's an interop problem, it comes from browser madness differentials. The good news is that there are all kinds of efforts to close the browser gap: including WHATWG - HTML5, CSS3, W3C DOM, JavaScript Libraries, Google GWT (Java to JavaScript), Yahoo GUI, and the my favorite; WebKit. The bad news is that the clock is ticking. Microsoft has pulled the trigger and the great migration of MSOffice client/server systems to the MS WebSTack-Mesh architecture has begun. Key to this transition are the WPF-.NET proprietary formats, protocols and interfaces such as XAML, Silverlight, LINQ, and Smart Tags. New business processes are being written, and old legacy desktop bound processes are being transitioned to this emerging platform. The fight for the Open Web is on, with Microsoft threatening to transtion their entire business desktop monopoly to a Web platfomr they own. ~ge~
Gary Edwards

Ajaxian » Making creating DOM-based applications less of a hassle - 0 views

ajaxian.com/...-applications-less-of-a-hassle

ajax dom html javascript

shared by Gary Edwards on 22 Aug 08 - Cached
  • Dojo also has an implementation of the Django templating language, dojox.dtl. This is an extremely powerful template engine that, similar to this one, creates the HTML once, then updates it when the data changes. You simply update the data, call the template.render method, and the HTML is updated - no creating nodes repeatedly, no innerHTML or nodeValue access.
  • Gary Edwards on 22 Aug 08
     
    a framework for JavaScript applications called ViewsHandler. ViewsHandler is not another JavaScript templating solution but works on the assumption that in most cases you'll have to create a lot of HTML initially but you'll only have to change the content of some elements dynamically as new information gets loaded or users interact with the app. So instead of creating a lot of HTML over and over again all I wanted to provide is a way to create all the needed HTML upfront and then have easy access to the parts of the HTML that need updating. The first thing you'll need to do to define your application is to create an object with the different views and pointers to the methods that populate the views:
Gary Edwards

Android for desktops? David Coursey doubts it - Computerworld Blogs - 0 views

blogs.computerworld.com/android_doubt

android webkit

shared by Gary Edwards on 11 Mar 09 - Cached
  • Gary Edwards on 11 Mar 09
     
    Coursey challenges the assertions put forward by Stephen Vaughn-Nichols that Google's Android will appear as a netbook OS before the year is out. Stephen also contends that soon enough, an Android Desktop will appear, and this will truly challenge Microsoft's monopolist grip. Coursey disputes that also, pointing out the need for file format compatibility and cloud synchronization before this can happen. Obviously, he does not see Microsoft easing their iron grip over the MSOffice productivity environment anytime soon. Stephen counters with the SAMBA story, claiming that the EU will continue to force integration and interop concessions from Microsoft. My take is that both commentators are missign the revolution that is taking place at the edge of the Web ::: the WebKit dancing document/application revolution that includes both iPhone and Android. The WebKit document/app model is washing back over the greater Web, with Web designers and masters upgrading their Web pages to reach the revolution at the edge. This is the big change Coursey is so unaware of.
Paul Merrell

Fight over 'forms' clouds future of Net applications | Pagalz.com - Blog - 0 views

www.pagalz.com/...uds-future-of-net-applications

2.0 flash forms javascript microsoft mx w3c web whatwg xaml xforms xul

shared by Paul Merrell on 12 Sep 08 - Cached
  • As Net heavyweights vie to define the next generation of Web applications, the Web’s main standards body is facing a revolt within its own ranks over electronic forms, a cornerstone of interactive documents.
  • “The W3C is saying the answer is XForms. Microsoft is saying it’s XAML. Macromedia is saying its Flash MX. And Mozilla is saying it’s XUL.
  • Though the success of one method or another might not seem to make much difference to the person filling out an order form, the fate of open standards in the process could determine whether that form can relay the data it collects to any standards-compliant database or banking system, or whether it can only operate within certain proprietary systems. The fate of a standard could also determine whether the order form could be accessed in any standards-compliant Web browser, or if it would be available only to users of a particular operating system–an outcome that has browser makers and others worried about the role of Microsoft.
  • ...5 more annotations...
  • browser makers still want a standards-based forms technology to help the Web steer clear of proprietary application platforms. They’re particularly concerned about Microsoft’s sprawling vision for Windows “Longhorn” applications built in the XML-based XAML markup language using Longhorn’s Avalon graphics system. Browsers like Mozilla Firefox, Opera and Apple’s Safari will be useless to access these Internet-based Windows applications.
  • “The WHAT approach works OK for small examples,” Pemberton said. “But actors like the Department of Defense say ‘no scripting.’”
  • HAT approach works OK for small examples,” Pemberton said. “But actors like the Department of Defense say ‘no scripting.’”
  • The evolution versus revolution debate over forms centers on the use of scripting–specifically JavaScript–to perform important tasks in forms-based applications.
  • “I understand where WHAT is coming from, but they are browser makers, not forms experts,” Pemberton said. “It is important to build something that is future-proof and not a Band-Aid solution. Forms (technology) is the basis of the e-commerce revolution and so it is important to do it right.”
Gonzalo San Gil, PhD.

#killswitch and the Battle over the Internet | Save the Internet - 2 views

www.savetheinternet.com/...witch-and-battle-over-internet

kill switch Kill Swith battle cut Internet cut-off save Save The Internet

shared by Gonzalo San Gil, PhD. on 27 Aug 11 - No Cached
  • Gonzalo San Gil, PhD. on 27 Aug 11
     
    [By Chris Dollar, June 14, 2011 Educator and Writer Chris Dollar is teaming with filmmakers Ali Akbarzadeh and Jeff Horn of (Akorn Entertainment) to create the full-length documentary (#killswitch). They are raising funds on (Kickstarter) to produce the documentary so they can educate the Western world about the fact that big corporations will continue to have more and more control over our news and Internet… unless we do something now.]
Gonzalo San Gil, PhD.

Tech giants throw money at OpenSSL in response to Heartbleed | ITworld - 1 views

www.itworld.com/...ey-openssl-response-heartbleed

tech giants finzance openssl open source security response Heartbleed

shared by Gonzalo San Gil, PhD. on 01 Jun 14 - No Cached
  • Gonzalo San Gil, PhD. on 01 Jun 14
     
    "Crucial open-source projects including OpenSSL will get at least $5.4 million in funding over three years. By Jared Newman, PC World | Security, openssl May 30, 2014, 10:40 AM - OpenSSL is getting funded for two full-time developers and a security audit in an attempt to prevent another devastating bug like Heartbleed. The money is coming from the Core Infrastructure Initiative (CII), a group of tech companies that came together last month in response to Heartbleed. At the time, CII said that each company would contribute at least $100,000 per year to crucial open-source projects over at least a three-year span, but the group didn't say how it would distribute the funds."
Paul Merrell

NSA Spying Inspires ProtonMail 'End-to-End' Encrypted Email Service | NDTV Gadgets - 0 views

gadgets.ndtv.com/...encrypted-email-service-526769

surveillance state secure-email ProtonMail

shared by Paul Merrell on 20 May 14 - No Cached
  • ne new email service promising "end-to-end" encryption launched on Friday, and others are being developed while major services such as Google Gmail and Yahoo Mail have stepped up security measures.A major catalyst for email encryption were revelations about widespread online surveillance in documents leaked by Edward Snowden, the former National Security Agency contractor."A lot of people were upset with those revelations, and that coalesced into this effort," said Jason Stockman, a co-developer of ProtonMail, a new encrypted email service which launched Friday with collaboration of scientists from Harvard, the Massachusetts Institute of Technology and the European research lab CERN.Stockman said ProtonMail aims to be as user-friendly as the major commercial services, but with extra security, and with its servers located in Switzerland to make it more difficult for US law enforcement to access.
  • "Our vision is to make encryption and privacy mainstream by making it easy to use," Stockman told AFP. "There's no installation. Everything happens behind the scenes automatically."Even though email encryption using special codes or keys, a system known as PGP, has been around for two decades, "it was so complicated," and did not gain widespread adoption, Stockman said.After testing over the past few months, ProtonMail went public Friday using a "freemium" model a basic account will be free with some added features for a paid account.
  • As our users from China, Iran, Russia, and other countries around the world have shown us in the past months, ProtonMail is an important tool for freedom of speech and we are happy to finally be able to provide this to the whole world," the company said in a blog post.Google and Yahoo recently announced efforts to encrypt their email communications, but some specialists say the effort falls short."These big companies don't want to encrypt your stuff because they spy on you, too," said Bruce Schneier, a well-known cryptographer and author who is chief technology officer for CO3 Systems."Hopefully, the NSA debate is creating incentives for people to build more encryption."Stockman said that with services like Gmail, even if data is encrypted, "they have the key right next to it if you have the key and lock next to each other, so it's pretty much useless."
  • ...3 more annotations...
  • By locating in Switzerland, ProtonMail hopes to avoid the legal woes of services like Lavabit widely believed to be used by Snowden which shut down rather than hand over data to the US government, and which now faces a contempt of court order.Even if a Swiss court ordered data to be turned over, Stockman said, "we would hand over piles of encrypted data. We don't have a key. We never see the password."
  • Lavabit founder Ladar Levison meanwhile hopes to launch a new service with other developers in a coalition known as the "Dark Mail Alliance."Levison told AFP he hopes to have a new encrypted email system in testing within a few months and widely available later this year."The goal is to make it ubiquitous, so people don't have to turn it on," he said.But he added that the technical hurdles are formidable, because the more user-friendly the system becomes, "the more susceptible it is to a sophisticated attacker with fake or spoofed key information."Levison said he hopes Dark Mail will become a new open standard that can be adopted by other email services.
  • on Callas, a cryptographer who developed the PGP standard and later co-founded the secure communications firm Silent Circle, cited challenges in making a system that is both secure and ubiquitous."If you are a bank you have to have an email system that complies with banking regulations," Callas told AFP, which could allow, for example, certain emails to be subject to regulatory or court review."Many of the services on the Internet started with zero security. We want to start with a system that is totally secure and let people dial it down."The new email system would complement Silent Circle's existing secure messaging system and encrypted mobile phone, which was launched earlier this year."If we start competing for customers on the basis of maximum privacy, that's good for everybody," Callas said.
  • Paul Merrell on 20 May 14
     
    They're already so swamped that you have to reserve your user name and wait for an invite. They say they have to add servers. Web site is at https://protonmail.ch/ "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones. It's as simple as visiting our site and logging in. There are no plugins or apps to install - simply use your favorite web browser." "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones.
Gonzalo San Gil, PhD.

The power of Docker and open source ecosystems | Opensource.com - 1 views

opensource.com/...-docker-open-source-ecosystems

Docker virtualization containers

shared by Gonzalo San Gil, PhD. on 09 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 09 Jan 15
     
    Docker, Inc. CEO Ben Golub reflects on the open source movement " ...That is why we are especially proud that there are now over 20,000 projects (such as UIs, management frameworks, monitoring tools) and over 70,000 Dockerized applications available for use. The diversity of these solutions point to the innovation ..."
Paul Merrell

Join the Battle for Net Neutrality - 0 views

www.battleforthenet.com/?committees=1&t=dXNlcmlkPTU0ODAxODQwLGVtYWlsaWQ9OTU5MA==

Internet net-neutrality FCC-ruling formal-ruling

shared by Paul Merrell on 14 Mar 15 - No Cached
  • Washington insiders said it couldn't be done. But the public got loud in protest, the FCC gave in, and we won Title II net neutrality rules. Now Comcast is furious. They want to destroy our victory with their massive power in Congress. You won net neutrality. Now, are you ready to defend it?
  • But cable companies are strong in Congress. Cable giants have been lobbying Congress for years. Now they're asking for big favors. We have to stop them. Find out if your leaders work for you, or your cable company.
  • HOW WE WON! Battle for the Net
  • Paul Merrell on 14 Mar 15
     
    The FCC issued its formal ruling on net neutrality today, over 300 pages. http://goo.gl/aX4fQg Now the battle shifts to Congress, where legislation has been introduced to reverse the FCC decision and permit fast lane charges by FCC  for web businesses that can afford it. The rest of us would be stuck in the slow lane.  Don't miss the link to the "How We Won" page that I've highlighted. It's very impressive, a compact history of a massive citizen victory over government resistance and entrenched interests like Comcast and AT&T. 
Gonzalo San Gil, PhD.

Meet MonsterMind, the NSA Bot That Could Wage Cyberwar Autonomously | Threat Level | WIRED - 1 views

www.wired.com/...nsa-monstermind-cyberwarfare

meet nsa bot wage cyberwar MonsteMind

shared by Gonzalo San Gil, PhD. on 15 Aug 14 - No Cached
  • Gonzalo San Gil, PhD. on 15 Aug 14
     
    "Sean Gladwell/Getty Edward Snowden has made us painfully aware of the government's sweeping surveillance programs over the last year. But a new program, currently being developed at the NSA, suggests that surveillance may fuel the government's cyber defense capabilities, too."
  • Gonzalo San Gil, PhD. on 15 Aug 14
     
    "Sean Gladwell/Getty Edward Snowden has made us painfully aware of the government's sweeping surveillance programs over the last year. But a new program, currently being developed at the NSA, suggests that surveillance may fuel the government's cyber defense capabilities, too."
  • Gonzalo San Gil, PhD. on 15 Aug 14
     
    "Sean Gladwell/Getty Edward Snowden has made us painfully aware of the government's sweeping surveillance programs over the last year. But a new program, currently being developed at the NSA, suggests that surveillance may fuel the government's cyber defense capabilities, too."
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

thehill.com/...385-court-upholds-nsa-snooping

surveillance state NSA litigation Jewel

shared by Paul Merrell on 12 Feb 15 - No Cached
  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
  • Paul Merrell on 12 Feb 15
     
    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Gonzalo San Gil, PhD.

'Freedom of expression' anti-snooping campaign launched over Ripa changes | Politics | ... - 0 views

www.theguardian.com/...campaign-launched-ripa-changes

freedom expression campaign launched anti-snooping snooping spy government politics changes the guardian RIPA

shared by Gonzalo San Gil, PhD. on 14 Jan 15 - No Cached
  • Gonzalo San Gil, PhD. on 14 Jan 15
     
    "Senior editors and lawyers condemned as "wholly inadequate" safeguards put forward in a code of practice by the home secretary, Theresa May, to meet concerns over the police use of surveillance powers linked to the Regulation of Investigatory Powers Act 2000 (Ripa)."
  • Gonzalo San Gil, PhD. on 14 Jan 15
     
    "Senior editors and lawyers condemned as "wholly inadequate" safeguards put forward in a code of practice by the home secretary, Theresa May, to meet concerns over the police use of surveillance powers linked to the Regulation of Investigatory Powers Act 2000 (Ripa)."
Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

www.eff.org/...cy-zero-days-governments-grasp

surveillance state zero-day-exploits FOIA litigation

shared by Paul Merrell on 26 Jan 16 - No Cached
  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
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