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WikiLeaks releases today the "Investment Chapter" from the secret negotiations of the TPP (Trans-Pacific Partnership) agreement. The document adds to the previous WikiLeaks publications of the chapters for Intellectual Property Rights (November 2013) and the Environment (January 2014). The TPP Investment Chapter, published today, is dated 20 January 2015. The document is classified and supposed to be kept secret for four years after the entry into force of the TPP agreement or, if no agreement is reached, for four years from the close of the negotiations. Julian Assange, WikiLeaks editor said: "The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies." Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei. The TPP is the largest economic treaty in history, including countries that represent more than 40 per cent of the world´s GDP.

The Investment Chapter highlights the intent of the TPP negotiating parties, led by the United States, to increase the power of global corporations by creating a supra-national court, or tribunal, where foreign firms can "sue" states and obtain taxpayer compensation for "expected future profits". These investor-state dispute settlement (ISDS) tribunals are designed to overrule the national court systems. ISDS tribunals introduce a mechanism by which multinational corporations can force governments to pay compensation if the tribunal states that a country's laws or policies affect the company's claimed future profits. In return, states hope that multinationals will invest more. Similar mechanisms have already been used. For example, US tobacco company Phillip Morris used one such tribunal to sue Australia (June 2011 – ongoing) for mandating plain packaging of tobacco products on public health grounds; and by the oil giant Chevron against Ecuador in an attempt to evade a multi-billion-dollar compensation ruling for polluting the environment. The threat of future lawsuits chilled environmental and other legislation in Canada after it was sued by pesticide companies in 2008/9. ISDS tribunals are often held in secret, have no appeal mechanism, do not subordinate themselves to human rights laws or the public interest, and have few means by which other affected parties can make representations. The TPP negotiations have been ongoing in secrecy for five years and are now in their final stages. In the United States the Obama administration plans to "fast-track" the treaty through Congress without the ability of elected officials to discuss or vote on individual measures. This has met growing opposition as a result of increased public scrutiny following WikiLeaks' earlier releases of documents from the negotiations.

The TPP is set to be the forerunner to an equally secret agreement between the US and EU, the TTIP (Transatlantic Trade and Investment Partnership). Negotiations for the TTIP were initiated by the Obama administration in January 2013. Combined, the TPP and TTIP will cover more than 60 per cent of global GDP. The third treaty of the same kind, also negotiated in secrecy is TISA, on trade in services, including the financial and health sectors. It covers 50 countries, including the US and all EU countries. WikiLeaks released the secret draft text of the TISA's financial annex in June 2014. All these agreements on so-called “free trade” are negotiated outside the World Trade Organization's (WTO) framework. Conspicuously absent from the countries involved in these agreements are the BRICs countries of Brazil, Russia, India and China. Read the Secret Trans-Pacific Partnership Agreement (TPP) - Investment chapter

How much extra will you have to pay for the privilege of being spied on?

UK ISPs have warned MPs that the costs of implementing the Investigatory Powers Bill (aka the Snooper's Charter) will be much greater than the £175 million the UK government has allotted for the task, and that broadband bills will need to rise as a result. Representatives from ISPs and software companies told the House of Commons Science and Technology Committee that the legislation greatly underestimates the "sheer quantity" of data generated by Internet users these days. They also pointed out that distinguishing content from metadata is a far harder task than the government seems to assume. Matthew Hare, the chief executive of ISP Gigaclear, said with "a typical 1 gigabit connection to someone's home, over 50 terabytes of data per year [are] passing over it. If you say that a proportion of that is going to be the communications data—the record of who you communicate with, when you communicate or what you communicate—there would be the most massive and enormous amount of data that in future an access provider would be expected to keep. The indiscriminate collection of mass data across effectively every user of the Internet in this country is going to have a massive cost."

Moreover, the larger the cache of stored data, the more worthwhile it will be for criminals and state-backed actors to gain access and download that highly-revealing personal information for fraud and blackmail. John Shaw, the vice president of product management at British security firm Sophos, told the MPs: "There would be a huge amount of very sensitive personal data that could be used by bad guys.

When you visit a website, online trackers and the site itself may be able to identify you – even if you’ve installed software to protect yourself. It’s possible to configure your browser to thwart tracking, but many people don’t know how. Panopticlick will analyze how well your browser and add-ons protect you against online tracking techniques. We’ll also see if your system is uniquely configured—and thus identifiable—even if you are using privacy-protective software.

Only anonymous data will be collected through this site. Panopticlick is a research project of the Electronic Frontier Foundation. Learn more

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. 

“The intent is world domination,” Berners-Lee says with a wry smile. The British-born scientist is known for his dry sense of humor. But in this case, he is not joking.This week, Berners-Lee will launch Inrupt, a startup that he has been building, in stealth mode, for the past nine months. Backed by Glasswing Ventures, its mission is to turbocharge a broader movement afoot, among developers around the world, to decentralize the web and take back power from the forces that have profited from centralizing it. In other words, it’s game on for Facebook, Google, Amazon. For years now, Berners-Lee and other internet activists have been dreaming of a digital utopia where individuals control their own data and the internet remains free and open. But for Berners-Lee, the time for dreaming is over.

In a post published this weekend, Berners-Lee explains that he is taking a sabbatical from MIT to work full time on Inrupt. The company will be the first major commercial venture built off of Solid, a decentralized web platform he and others at MIT have spent years building.

f all goes as planned, Inrupt will be to Solid what Netscape once was for many first-time users of the web: an easy way in. And like with Netscape, Berners-Lee hopes Inrupt will be just the first of many companies to emerge from Solid.

EFF, Human Rights Watch, and Over 70 Civil Society Groups Ask Mark Zuckerberg to Provide All Users with Mechanism to Appeal Content Censorship on Facebook World’s Freedom of Expression Is In Your Hands, Groups Tell CEO San Francisco—The Electronic Frontier Foundation (EFF) and more than 70 human and digital rights groups called on Mark Zuckerberg today to add real transparency and accountability to Facebook’s content removal process. Specifically, the groups demand that Facebook clearly explain how much content it removes, both rightly and wrongly, and provide all users with a fair and timely method to appeal removals and get their content back up. While Facebook is under enormous—and still mounting—pressure to remove material that is truly threatening, without transparency, fairness, and processes to identify and correct mistakes, Facebook’s content takedown policies too often backfire and silence the very people that should have their voices heard on the platform.  Politicians, museums, celebrities, and other high profile groups and individuals whose improperly removed content can garner media attention seem to have little trouble reaching Facebook to have content restored—they sometimes even receive an apology. But the average user? Not so much. Facebook only allows people to appeal content decisions in a limited set of circumstances, and in many cases, users have absolutely no option to appeal. Onlinecensorship.org, an EFF project for users to report takedown notices, has collected reports of hundreds of unjustified takedown incidents where appeals were unavailable. For most users, content Facebook removes is rarely restored, and some are banned from the platform for no good reason. EFF, Article 19, the Center for Democracy and Technology, and Ranking Digital Rights wrote directly to Mark Zuckerberg today demanding that Facebook implement common sense standards so that average users can easily appeal content moderation decisions, receive prompt replies and timely review by a human or humans, and have the opportunity to present evidence during the review process. The letter was co-signed by more than 70 human rights, digital rights, and civil liberties organizations from South America, Europe, the Middle East, Asia, Africa, and the U.S.

The Berkeley City Council is poised to vote March 13 on the Surveillance Technology Use and Community Safety Ordinance, which will significantly protect people's right to privacy and safeguard the civil liberties of Berkeley residents in this age of surveillance and Big Data. The ordinance is based on an ACLU model that was first enacted by Santa Clara County in 2016. The Los Angeles Times has editorialized that the ACLU's model ordinance approach "is so pragmatic that cities, counties, and law enforcement agencies throughout California would be foolish not to embrace it." Berkeley's Peace and Justice and Police Review commissions agreed and unanimously approved a draft that will be presented to the council on Tuesday. The ordinance requires public notice and public debate prior to seeking funding, acquiring equipment, or otherwise moving forward with surveillance technology proposals. In neighboring Oakland, we saw the negative outcome that can occur from lack of such a discussion, when the city's administration pursued funding for, and began building, the citywide surveillance network known as the Domain Awareness Center ("DAC") without community input. Ultimately, the community rejected the project, and the fallout led to the establishment of a Privacy Advisory Commission and subsequent consideration of a similar surveillance ordinance to ensure proper vetting occurs up front, not after the fact. ✖ Play VideoPauseUnmuteCurrent Time 0:00/Duration Time 0:00Loaded: 0%Progress: 0%Stream TypeLIVERemaining Time -0:00 Playback Rate1ChaptersChaptersdescriptions off, selectedDescriptionssubtitles off, selectedSubtitlescaptions settings, opens captions settings dialogcaptions off, selectedCaptionsAudio TrackFullscreenThis is a modal window.Caption Settings DialogBeginning of dialog window. Escape will cancel and close the window.

Midway through releasing a series of damaging disclosures about U.S. presidential contender Hillary Clinton, WikiLeaks founder Julian Assange says his hosts at the Ecuadorean Embassy in London abruptly cut him off from the internet. The news adds another layer of intrigue to an extraordinary campaign. “We can confirm Ecuador cut off Assange’s internet access Saturday, 5pm GMT, shortly after publication of Clinton’s Goldman Sachs (speeches),” the group said in a message posted to Twitter late Monday.

The U.S. Department of Homeland Security (DHS) is quietly building what will likely become the largest database of biometric and biographic data on citizens and foreigners in the United States. The agency’s new Homeland Advanced Recognition Technology (HART) database will include multiple forms of biometrics—from face recognition to DNA, data from questionable sources, and highly personal data on innocent people. It will be shared with federal agencies outside of DHS as well as state and local law enforcement and foreign governments. And yet, we still know very little about it.The records DHS plans to include in HART will chill and deter people from exercising their First Amendment protected rights to speak, assemble, and associate. Data like face recognition makes it possible to identify and track people in real time, including at lawful political protests and other gatherings. Other data DHS is planning to collect—including information about people’s “relationship patterns” and from officer “encounters” with the public—can be used to identify political affiliations, religious activities, and familial and friendly relationships. These data points are also frequently colored by conjecture and bias.

DHS currently collects a lot of data. Its legacy IDENT fingerprint database contains information on 220-million unique individuals and processes 350,000 fingerprint transactions every day. This is an exponential increase from 20 years ago when IDENT only contained information on 1.8-million people. Between IDENT and other DHS-managed databases, the agency manages over 10-billion biographic records and adds 10-15 million more each week.

DHS’s new HART database will allow the agency to vastly expand the types of records it can collect and store. HART will support at least seven types of biometric identifiers, including face and voice data, DNA, scars and tattoos, and a blanket category for “other modalities.” It will also include biographic information, like name, date of birth, physical descriptors, country of origin, and government ID numbers. And it will include data we know to by highly subjective, including information collected from officer “encounters” with the public and information about people’s “relationship patterns.”

Perhaps it goes without saying that 5G promises to be highly profitable for wireless and tech companies. Some industry analysts have predicted that 5G could generate up to $12.3 trillion in goods and services by 2035, and add 22 million jobs in the U.S. alone. This helps explain why the carriers are so eager for us to share their vision for a better tomorrow — a world in which bandwidth, speed, and growth are virtues in and of themselves. Those “key performance indicators” are then sold to the consumer in the form of efficiency, inclusion, reliability, and convenience. And while these 5G speculations suggest a world of possibility and profit, they elide lots of potential risks and alternative futures. They also, unsurprisingly, fail to ask about the wisdom of entrusting the telecom industry (which has a long history of unscrupulous, monopolistic business practices) and the tech industry (newly under fire for similar reasons) to build what is purportedly the critical infrastructure for a planned global transformation.

Huawei Technologies, the world’s largest telecommunications equipment supplier, is set to launch its HongMeng operating system (OS) as a potential alternative to Google's Android OS, on August 9 at Huawei's Developer Conference, industry insiders told the Global Times Wednesday. According to media reports, the user experience (UX) design features a brand new ringtone and notification panel, a cleaner interface for the camera, more animation and faster speed. Users can also add widgets and personalize the locked screen. Citing industry experts (most likely of Chinese origin), the Global Times reported that "it is possible for Huawei to build a sustainable smartphone ecosystem on the HongMeng OS and reshape the current market dominated by Android and Apple's iOS", although the new system is primarily designed for industrial automation and applications in the Internet of Things (IoT). "Given the design features of the HongMeng OS, it can be a game changer in IoT-related areas, such as driverless cars and smart homes," Fu Liang, a Beijing-based independent industry analyst, told the Global Times. According to Huawei's website, the HongMeng OS is built with a processing latency of less than 5 milliseconds, which is especially required in circumstances involving IoT applications that often need to transfer large amount of data simultaneously.

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

“This will be a big problem,” says Rae Zimmerman, an expert on urban adaptation to climate change at NYU. Large parts of internet infrastructure soon “will be underwater, unless they're moved back pretty quickly.”

A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”

Google cuts Huawei off Android; so Huawei may migrate to Aurora. Call it mobile Eurasia integration; the evolving Russia-China strategic partnership may be on the verge of spawning its own operating system – and that is not a metaphor. Aurora is a mobile operating system currently developed by Russian Open Mobile Platform, based in Moscow. It is based on the Sailfish operating system, designed by Finnish technology company Jolla, which featured a batch of Russians in the development team. Quite a few top coders at Google and Apple also come from the former USSR – exponents of a brilliant scientific academy tradition.

Aurora could be regarded as part of Huawei’s fast-evolving Plan B. Huawei is now turbo-charging the development and implementation of its own operating system, HongMeng, a process that started no less than seven years ago. Most of the work on an operating system is writing drivers and APIs (application programming interfaces). Huawei would be able to integrate their code to the Russian system in no time.

No Google? Who cares? Tencent, Xiaomi, Vivo and Oppo are already testing the HongMeng operating system, as part of a batch of one million devices already distributed. HongMeng’s launch is still a closely guarded secret by Huawei, but according to CEO Richard Yu, it could happen even before the end of 2019 for the Chinese market, running on smartphones, computers, TVs and cars. HongMeng is rumored to be 60% faster than Android.

The Federal Trade Commission sued to break up Facebook on Wednesday, asking a federal court to force the sell-off of assets such as Instagram and WhatsApp as independent businesses.“Facebook has maintained its monopoly position by buying up companies that present competitive threats and by imposing restrictive policies that unjustifiably hinder actual or potential rivals that Facebook does not or cannot acquire,” the commission said in the lawsuit filed in federal court in Washington, D.C.The lawsuit asks the court to order the “divestiture of assets, divestiture or reconstruction of businesses (including, but not limited to, Instagram and/or WhatsApp),” as well as other possible relief the court might want to add.

Attorneys general from 48 states and territories said they were filing their own lawsuit against Facebook, reflecting the broad and bipartisan concern about how much power Facebook and its CEO, Mark Zuckerberg, have accumulated on the internet.

Three states and the District of Columbia allege that the tech giant misled consumers by continuing to track those who had changed their privacy settings to prevent data collection.

Google is also fighting an antitrust lawsuit led by Texas in which states have accused the company of obtaining and abusing a monopoly over the systems that allow publishers to auction off ad space to marketers. On Friday, Google asked a federal court to dismiss the lawsuit.The lawsuits add to a mounting offensive by regulators to curtail the power and business practices of Silicon Valley giants like Google, Facebook, Amazon and Apple. State and federal regulators have filed dozens of antitrust, consumer protection, privacy and trade lawsuits in an attempt to curb the business models or break up the companies. A Senate committee last week advanced potentially landmark antitrust legislation that tries to weaken the dominance of the internet giants.

An analysis of public comments on the FCC's plan to repeal net neutrality rules found that 2 million of them were filed using stolen identities. That's according to New York Attorney General Eric Schneiderman. "Millions of fake comments have corrupted the FCC public process—including two million that stole the identities of real people, a crime under New York law," Schneiderman said in an announcement today. "Yet the FCC is moving full steam ahead with a vote based on this corrupted process, while refusing to cooperate with an investigation."

Some comments were submitted under the names of dead people. "My LATE husband's name was fraudulently used after a valiant battle with cancer," one person told the AG's office. "This unlawful act adds to my pain that someone would violate his good name." Schneiderman set up a website where people can search the FCC comments for their names to determine if they've been impersonated. So far, "over 5,000 people have filed reports with the Attorney General's office regarding identities used to submit fake comments," the AG's announcement said.

While the 5,000 reports provide anecdotal evidence, the AG's office performed an analysis of the 23 million public comments in order to figure out how many were submitted under falsely assumed identities. Many comments for and against net neutrality rules are identical because advocacy groups urged people to sign form letters, so the text of a comment alone isn't enough to determine if it was submitted by a real person. The AG's office thus examined comment text along with other factors, such as whether names matched lists of stolen identities from known data breaches. Schneiderman's office also told Ars that it looked into whether or not the submission of comments was in alphabetical order, one after another, in short time periods. In general, analysis of formatting and metadata played a role in the analysis. The number of comments believed to be fake has grown as the A.G.'s investigation continues, and it isn't done yet. Schneiderman's office is still analyzing the public comments. We asked Schneiderman's office how many of the fake comments supported net neutrality rules, and how many opposed them, but were told that the information was not available. While fake comments used names and addresses of people from across the nation, more than "100,000 comments per state" came "from New York, Florida, Texas, and California," Schneiderman's announcement said.