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Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.

The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.

In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden. “That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”

The Common Crawl Foundation’s repository of openly and freely accessible web crawl data is about to go live as a Public Data Set on Amazon Web Services.

Elbaz’ goal in developing the repository: “You can’t access, let alone download, the Google or the Bing crawl data. So certainly we’re differentiated in being very open and transparent about what we’re crawling and actually making it available to developers,” he says. “You might ask why is it going to be revolutionary to allow many more engineers and researchers and developers and students access to this data, whereas historically you have to work for one of the big search engines…. The question is, the world has the largest-ever corpus of knowledge out there on the web, and is there more that one can do with it than Google and Microsoft and a handful of other search engines are already doing? And the answer is unquestionably yes. ”

Common Crawl’s data already is stored on Amazon’s S3 service, but now Amazon will be providing the storage space for free through the Public Data Set program. Not only does that remove from Common Crawl the storage burden and costs for hosting its crawl of 5 billion web pages – some 50 or 60 terabytes large – but it should make it easier for users to access the data, and remove the bandwidth-related costs they might incur for downloads. Users won’t have to deal with setting up accounts, being responsible for bandwidth bills incurred, and more complex authentication processes.

On January 17, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled, as a matter of first impression, that First Amendment defamation rules apply equally to both the institutional press and individual speakers and writers, such as bloggers.

In reaching this conclusion, the Ninth Circuit analyzed two key prior Supreme Court precedents: New York Times v. Sullivan (public official seeking damages for defamation must show “actual malice” as defined as a showing thatthe defendant published the defamatory statement with knowledge that it was false, or with reckless disregard as to whether it was false or not) and Gertz v. Robert Welch, Inc. (First Amendment requires only a negligence standard for private defamation actions). Notably, Gertz involved an institutional media defendant, and the Gertz Court invoked the need to shield “the press and broadcast media from the rigors of strict liability for defamation.” Yet neither New York Times nor Gertz, as the Ninth Circuit noted, were expressly limited to the institutional press. Moreover,a number of other Supreme Court cases have rejected such a limitation: Bartnicki v. Vopper; Cohen v. Cowles Media Co.; First National Bank of Boston v. Bellotti; and Citizens United v. Federal Election Commission.

Static blocks of text like the one you’re looking at now are an antiquated and inefficient way to get words into your head. That’s the contention of Boston-based startup Spritz, which has developed a speed-reading text box that shows no more than 13 characters at a time. The Spritz box flashes words at you in quick succession so you don’t have to move your eyes around a page, and in my very quick testing it allowed me to read at more than double my usual reading pace. Spritz has teamed up with Samsung to integrate its speed reading functionality with the upcoming Galaxy S5 smartphone. The written word, after 8,000 or so years, is still an extremely effective way to get a message from one mind into the minds of others. But even with the advent of the digital age and decades of usability work, font and layout development, we’re still nowhere near optimal efficiency with it yet.

The President of Brazil, Dilma Rousseff announces publicly the creation of a world internet system INDEPENDENT from US and Britain ( the “US-centric internet”). Not many understand that, while the immediate trigger for the decision (coupled with the cancellation of a summit with the US president) was the revelations on NSA spying, the reason why Rousseff can take such a historic step is that the alternative infrastructure: The BRICS cable from Vladivostock, Russia  to Shantou, China to Chennai, India  to Cape Town, South Africa  to Fortaleza, Brazil,  is being built and it’s, actually, in its final phase of implementation. No amount of provocation and attempted “Springs” destabilizations and Color Revolution in the Middle East, Russia or Brazil can stop this process.  The huge submerged part of the BRICS plan is not yet known by the broader public.

Nonetheless it is very real and extremely effective. So real that international investors are now jumping with both feet on this unprecedented real economy opportunity. The change… has already happened. Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward politically fracturing a global network built with minimal interference by governments. President Dilma Rousseff has ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google.

BRICS Cable… a 34 000 km, 2 fibre pair, 12.8 Tbit/s capacity, fibre optic cable system For any global investor, there is no crisis – there is plenty of growth. It’s just not in the old world BRICS is ~45% of the world’s population and ~25% of the world’s GDP BRICS together create an economy the size of Italy every year… that’s the 8th largest economy in the world The BRICS presents profound opportunities in global geopolitics and commerce Links Russia, China, India, South Africa, Brazil – the BRICS economies – and the United States. Interconnect with regional and other continental cable systems in Asia, Africa and South America for improved global coverage Immediate access to 21 African countries and give those African countries access to the BRICS economies. Projected ready for service date is mid to second half of 2015.

The EU has been known to make a lot of odd decisions when it comes to tech, such as forcing Microsoft's hand at including a "browser wheel" with its Windows OS, but this latest decision is one I think most people will agree with. One thing that's frustrating about different smartphones is the occasional requirement to use a different charger. More frustrating is actually losing one of these chargers, and being unable to charge your phone even though you might have 8 of another charger readily available.

While this decision would cut down on this happening, the focus is to cut down on waste. On Thursday, the EU's internal market and consumer protection committee voted on forcing smartphone vendors to adopt a standard charger, which common sense would imply means micro USB, given it's already featured on the majority of smartphones out there. The major exception is Apple, which deploys a Lightning connector with its latest iPhones. Apple already offers Lightning to micro USB cables, but again, those are only useful if you happen to own one, making a sudden loss of a charger all-the-more frustrating. While Lightning might offer some slight benefits, Apple implementing a micro USB connector instead would make situations like those a lot easier to deal with (I am sure a lot of us have multiple micro USB cables lying around). Even though this law was a success in the initial voting, the government group must still bring the proposal to the Council which will then lead to another vote being made in the Parliament. If it does end up passing, I have a gut feeling that Apple will modify only its European models to adhere to the law, while its worldwide models will remain with the Lightning connector. Or, Apple might be able to circumvent the law if it offers to include the micro USB cable in the box, essentially shipping the phone with that connector.

The Internet is always changing. Sites are rising and falling, content is deleted, and bad URLs can lead to '404 Not Found' errors that are as helpful as a brick wall. A new project proposes an do away with dead 404 errors by implementing new HTML code that will help access prior versions of hyperlinked content. With any luck, that means that you’ll never have to run into a dead link again. The “404-No-More” project is backed by a formidable coalition including members from organizations like the Harvard Library Innovation Lab, Los Alamos National Laboratory, Old Dominion University, and the Berkman Center for Internet & Society. Part of the Knight News Challenge, which seeks to strengthen the Internet for free expression and innovation through a variety of initiatives, 404-No-More recently reached the semifinal stage. The project aims to cure so-called link rot, the process by which hyperlinks become useless overtime because they point to addresses that are no longer available. If implemented, websites such as Wikipedia and other reference documents would be vastly improved. The new feature would also give Web authors a way provide links that contain both archived copies of content and specific dates of reference, the sort of information that diligent readers have to hunt down on a website like Archive.org.

While it may sound trivial, link rot can actually have real ramifications. Nearly 50 percent of the hyperlinks in Supreme Court decisions no longer work, a 2013 study revealed. Losing footnotes and citations in landmark legal decisions can mean losing crucial information and context about the laws that govern us. The same study found that 70 percent of URLs within the Harvard Law Review and similar journals didn’t link to the originally cited information, considered a serious loss surrounding the discussion of our laws. The project’s proponents have come up with more potential uses as well. Activists fighting censorship will have an easier time combatting government takedowns, for instance. Journalists will be much more capable of researching dynamic Web pages. “If every hyperlink was annotated with a publication date, you could automatically view an archived version of the content as the author intended for you to see it,” the project’s authors explain. The ephemeral nature of the Web could no longer be used as a weapon. Roger Macdonald, a director at the Internet Archive, called the 404-No-More project “an important contribution to preservation of knowledge.”

The new feature would come in the form of introducing the mset attribute to the <a> element in HTML, which would allow users of the code to specify multiple dates and copies of content as an external resource. For instance, if both the date of reference and the location of a copy of targeted content is known by an author, the new code would like like this: The 404-No-More project’s goals are numerous, but the ultimate goal is to have mset become a new HTML standard for hyperlinks. “An HTML standard that incorporates archives for hyperlinks will loop in these efforts and make the Web better for everyone,” project leaders wrote, “activists, journalists, and regular ol’ everyday web users.”

On OpenCongress, you can now email your representatives and senators just as easily as you would a friend or colleague. We've added a new feature to OpenCongress. It's not flashy. It doesn't use D3 or integrate with social media. But we still think it's pretty cool. You might've already heard of it. Email. This may not sound like a big deal, but it's been a long time coming. A lot of people are surprised to learn that Congress doesn't have publicly available email addresses. It's the number one feature request that we hear from users of our APIs. Until recently, we didn't have a good response. That's because members of Congress typically put their feedback mechanisms behind captchas and zip code requirements. Sometimes these forms break; sometimes their requirements improperly lock out actual constituents. And they always make it harder to email your congressional delegation than it should be.

This is a real problem. According to the Congressional Management Foundation, 88% of Capitol Hill staffers agree that electronic messages from constituents influence their bosses' decisions. We think that it's inappropriate to erect technical barriers around such an essential democratic mechanism. Congress itself is addressing the problem. That effort has just entered its second decade, and people are feeling optimistic that a launch to a closed set of partners might be coming soon. But we weren't content to wait. So when the Electronic Frontier Foundation (EFF) approached us about this problem, we were excited to really make some progress. Building on groundwork first done by the Participatory Politics Foundation and more recent work within Sunlight, a network of 150 volunteers collected the data we needed from congressional websites in just two days. That information is now on Github, available to all who want to build the next generation of constituent communication tools. The EFF is already working on some exciting things to that end.

But we just wanted to be able to email our representatives like normal people. So now, if you visit a legislator's page on OpenCongress, you'll see an email address in the right-hand sidebar that looks like Sen.Reid@opencongress.org or Rep.Boehner@opencongress.org. You can also email myreps@opencongress.org to email both of your senators and your House representatives at once. The first time we get an email from you, we'll send one back asking for some additional details. This is necessary because our code submits your message by navigating those aforementioned congressional webforms, and we don't want to enter incorrect information. But for emails after the first one, all you'll have to do is click a link that says, "Yes, I meant to send that email."

A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.

Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.

‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”

Now the processing power is in the cloud, and very sophisticated applications, from e-mail to tools you need to run a business, can be run by logging onto a Web site, not from pre-installed software. In addition, the way we work (and play) has shifted from P.C.’s to mobile devices—where Android and Apple’s iOS each outsell Windows by more than 10 to 1. Why develop software to run on Windows if no one is using Windows? Why use Windows if nothing you want can run on it? The virtuous circle has turned vicious.

The White House on Tuesday ended two years of ignoring a hugely popular whitehouse.gov petition calling for NSA whistleblower Edward Snowden to be “immediately issued a full, free, and absolute pardon,” saying thanks for signing, but no. “We live in a dangerous world,” Lisa Monaco, President Obama’s adviser on homeland security and terrorism, said in a statement. More than 167,000 people signed the petition, which surpassed the 100,000 signatures that the White House’s “We the People” website said would garner a guaranteed response on June 24, 2013. In Tuesday’s response, the White House acknowledged that “This is an issue that many Americans feel strongly about.”

Monaco then explained her position: “Instead of constructively addressing these issues, Mr. Snowden’s dangerous decision to steal and disclose classified information had severe consequences for the security of our country and the people who work day in and day out to protect it.” Snowden didn’t actually disclose any classified information — news organizations including the Guardian, Washington Post, New York Times and The Intercept did the disclosing. And the Obama administration has yet to specify any “severe consequences” that can be independently confirmed.

The White House on Tuesday ended two years of ignoring a hugely popular whitehouse.gov petition calling for NSA whistleblower Edward Snowden to be “immediately issued a full, free, and absolute pardon,” saying thanks for signing, but no. “We live in a dangerous world,” Lisa Monaco, President Obama’s adviser on homeland security and terrorism, said in a statement. More than 167,000 people signed the petition, which surpassed the 100,000 signatures that the White House’s “We the People” website said would garner a guaranteed response on June 24, 2013. In Tuesday’s response, the White House acknowledged that “This is an issue that many Americans feel strongly about.”

If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.

The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.

The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”

Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications as required by Title III of the Omnibus Crime Control and Safe Streets Act of 1968. News headlines touted that the number of federal and state wiretaps for 2014 was down 1% for a total of 3,554. Of these, there were few involving encrypted communications; and for those, law enforcement agencies were in most cases able to overcome the encryption. But there is a bigger story that calls into question the accuracy of the all of the prior reports submitted to the AO and the overall data provided to Congress and the public in the Wiretap Reports. Since the Snowden revelations, more and more companies have started publishing “transparency reports” about the number and nature of government demands to access their users’ data. AT&T, Verizon, and Sprint published data for 2014 earlier this year and T-Mobile published its first transparency report on the same day the AO released the Wiretap Report. In aggregate, the four companies state that they implemented 10,712 wiretaps, a threefold difference over the total number reported by the AO. Note that the 10,712 number is only for the four companies listed above and does not reflect wiretap orders received by other telephone carriers or online providers, so the discrepancy actually is larger.

So what accounts for the huge gap in reporting? That is a question Congress and the AO should be asking prosecutors and judges who are required by law to make complete and accurate reports of the number of wiretaps conducted each year. Are wiretaps being consistently under­reported to Congress and the public? Based on the data reported by the four major carriers for 2013 and 2014, it certainly would appear to be the case.

The United Nations has disgraced itself immeasurably over the past month or so. In case you missed the following stories, I suggest catching up now: The UN’s “Sustainable Development Agenda” is Basically a Giant Corporatist Fraud Not a Joke – Saudi Arabia Chosen to Head UN Human Rights Panel Fresh off the scene from those two epic embarrassments, the UN now wants to tell governments of the world how to censor the internet. I wish I was kidding. From the Washington Post: On Thursday, the organization’s Broadband Commission for Digital Development released a damning “world-wide wake-up call” on what it calls “cyber VAWG,” or violence against women and girls. The report concludes that online harassment is “a problem of pandemic proportion” — which, nbd, we’ve all heard before. But the United Nations then goes on to propose radical, proactive policy changes for both governments and social networks, effectively projecting a whole new vision for how the Internet could work. Under U.S. law — the law that, not coincidentally, governs most of the world’s largest online platforms — intermediaries such as Twitter and Facebook generally can’t be held responsible for what people do on them. But the United Nations proposes both that social networks proactively police every profile and post, and that government agencies only “license” those who agree to do so.

People are being harassed online, and the solution is to censor everything and license speech? Remarkable. How that would actually work, we don’t know; the report is light on concrete, actionable policy. But it repeatedly suggests both that social networks need to opt-in to stronger anti-harassment regimes and that governments need to enforce them proactively. At one point toward the end of the paper, the U.N. panel concludes that“political and governmental bodies need to use their licensing prerogative” to better protect human and women’s rights, only granting licenses to “those Telecoms and search engines” that “supervise content and its dissemination.” So we’re supposed to be lectured about human rights from an organization that named Saudi Arabia head of its human rights panel? Got it. Regardless of whether you think those are worthwhile ends, the implications are huge: It’s an attempt to transform the Web from a libertarian free-for-all to some kind of enforced social commons. This U.N. report gets us no closer, alas: all but its most modest proposals are unfeasible. We can educate people about gender violence or teach “digital citizenship” in schools, but persuading social networks to police everything their users post is next to impossible. And even if it weren’t, there are serious implications for innovation and speech: According to the Electronic Frontier Foundation, CDA 230 — the law that exempts online intermediaries from this kind of policing — is basically what allowed modern social networks (and blogs, and comments, and forums, etc.) to come into being. If we’re lucky, perhaps the Saudi religious police chief (yes, they have one) who went on a rampage against Twitter a couple of years ago, will be available to head up the project. What a joke.

As part of an effort to make encryption a standard component of every application, the Linux Foundation has launched the Let's Encrypt project (announcement) and stated its intention to provide access to a free certificate management service. Jim Zemlin, executive director for the Linux Foundation, says the goal for the project is nothing less than universal adoption of encryption to disrupt a multi-billion dollar hacker economy. While there may never be such a thing as perfect security, Zemlin says it's just too easy to steal data that is not encrypted. In its current form, encryption is difficult to implement and a lot of cost and overhead is associated with managing encryption keys. Zemlin claims the Let's Encrypt project will reduce the effort it takes to encrypt data in an application down to two simple commands. The project is being hosted by the Linux Foundation, but the actual project is being managed by the Internet Security Research Group. This work is sponsored by Akamai, Cisco, EFF, Mozilla, IdenTrust, and Automattic, which all are Linux Foundation patrons. Visit Let's Encrypt official website to get involved.

The National Security Agency doesn’t think it’s relevant that its dragnet of American telephone data — information on who’s calling who, when, and for how long — was ruled illegal back in May. An American Civil Liberties Union lawsuit is asking the Second Circuit Court of Appeals, which reached that conclusion, to immediately enjoin the program. But the U.S. government responded on Monday evening, saying that Congressional passage of the USA Freedom Act trumped the earlier ruling. The Freedom Act ordered an end to the program — but with a six-month wind-down period.

The ACLU still maintains that even temporary revival is a blatant infringement on American’s legal rights. “We strongly disagree with the government’s claim that recent reform legislation was meant to give the NSA’s phone-records dragnet a new lease on life,” said Jameel Jaffer, the ACLU’s deputy legal director in a statement. “The appeals court should order the NSA to end this surveillance now.  It’s unlawful and it’s an entirely unnecessary intrusion into the privacy of millions of people.” On Monday, the Obama administration announced that at the same time the National Security Agency ends the dragnet, it will also stop perusing the vast archive of data collected by the program. Read the U.S. government brief responding to the ACLU below: