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Gary Edwards

Two Microsofts: Mulling an alternate reality | ZDNet - 1 views

www.zdnet.com/n-alternate-reality-7000016916

Microsoft microsoft-monopoly Judge-Thomas-Penfield-Jackson

shared by Gary Edwards on 19 Jun 13 - No Cached
  • Judge Jackson had it right. And the Court of Appeals? Not so much
  • Judge Jackson is an American hero and news of his passing thumped me hard. His ruling against Microsoft and the subsequent overturn of that ruling resulted, IMHO, in two extraordinary directions that changed the world. Sure the what-if game is interesting, but the reality itself is stunning enough. Of course, Judge Jackson sought to break the monopoly. The US Court of Appeals overturn resulted in the monopoly remaining intact, but the Internet remaining free and open. Judge Jackson's breakup plan had a good shot at achieving both a breakup of the monopoly and, a free and open Internet. I admit though that at the time I did not favor the Judge's plan. And i actually did submit a proposal based on Microsoft having to both support the WiNE project, and, provide a complete port to WiNE to any software provider requesting a port. I wanted to break the monopolist's hold on the Windows Productivity Environment and the hundreds of millions of investment dollars and time that had been spent on application development forever trapped on that platform. For me, it was the productivity platform that had to be broken.
  • I assume the good Judge thought that separating the Windows OS from Microsoft Office / Applications would force the OS to open up the secret API's even as the OS continued to evolve. Maybe. But a full disclosure of the API's coupled with the community service "port to WiNE" requirement might have sped up the process. Incredibly, the "Undocumented Windows Secrets" industry continues to thrive, and the legendary Andrew Schulman's number is still at the top of Silicon Valley legal profession speed dials. http://goo.gl/0UGe8 Oh well. The Court of Appeals stopped the breakup, leaving the Windows Productivity Platform intact. Microsoft continues to own the "client" in "Client/Server" computing. Although Microsoft was temporarily stopped from leveraging their desktop monopoly to an iron fisted control and dominance of the Internet, I think what were watching today with the Cloud is Judge Jackson's worst nightmare. And mine too. A great transition is now underway, as businesses and enterprises begin the move from legacy client/server business systems and processes to a newly emerging Cloud Productivity Platform. In this great transition, Microsoft holds an inside straight. They have all the aces because they own the legacy desktop productivity platform, and can control the transition to the Cloud. No doubt this transition is going to happen. And it will severely disrupt and change Microsoft's profit formula. But if the Redmond reprobate can provide a "value added" transition of legacy business systems and processes, and direct these new systems to the Microsoft Cloud, the profits will be immense.
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  • Judge Jackson sought to break the ability of Microsoft to "leverage" their existing monopoly into the Internet and his plan was overturned and replaced by one based on judicial oversight. Microsoft got a slap on the wrist from the Court of Appeals, but were wailed on with lawsuits from the hundreds of parties injured by their rampant criminality. Some put the price of that criminality as high as $14 Billion in settlements. Plus, the shareholders forced Chairman Bill to resign. At the end of the day though, Chairman Bill was right. Keeping the monopoly intact was worth whatever penalty Microsoft was forced to pay. He knew that even the judicial over-site would end one day. Which it did. And now his company is ready to go for it all by leveraging and controlling the great productivity transition. No business wants to be hostage to a cold heart'd monopolist. But there is huge difference between a non-disruptive and cost effective, process-by-process value-added transition to a Cloud Productivity Platform, and, the very disruptive and costly "rip-out-and-replace" transition offered by Google, ZOHO, Box, SalesForce and other Cloud Productivity contenders. Microsoft, and only Microsoft, can offer the value-added transition path. If they get the Cloud even halfway right, they will own business productivity far into the future. Rest in Peace Judge Jackson. Your efforts were heroic and will be remembered as such. ~ge~
  • Gary Edwards on 19 Jun 13
     
    Comments on the latest SVN article mulling the effects of Judge Thomas Penfield Jackson's anti trust ruling and proposed break up of Microsoft. comment: "Chinese Wall" Ummm, there was a Chinese Wall between Microsoft Os and the MS Applciations layer. At least that's what Chairman Bill promised developers at a 1990 OS/2-Windows Conference I attended. It was a developers luncheon, hosted by Microsoft, with Chairman Bill speaking to about 40 developers with applications designed to run on the then soon to be released Windows 3.0. In his remarks, the Chairman described his vision of commoditizing the personal computer market through an open hardware-reference platform on the one side of the Windows OS, and provisioning an open application developers layer on the other using open and totally transparent API's. Of course the question came up concerning the obvious advantage Microsoft applications would have. Chairman Bill answered the question by describing the Chinese Wall that existed between Microsoft's OS and Apps develop departments. He promised that OS API's would be developed privately and separate from the Apps department, and publicly disclosed to ALL developers at the same time. Oh yeah. There was lots of anti IBM - evil empire stuff too :) Of course we now know this was a line of crap. Microsoft Apps was discovered to have been using undocumented and secret Window API's. http://goo.gl/0UGe8. Microsoft Apps had a distinct advantage over the competition, and eventually the entire Windows Productivity Platform became dependent on the MSOffice core. The company I worked for back then, Pyramid Data, had the first Contact Management application for Windows; PowerLeads. Every Friday night we would release bug fixes and improvements using Wildcat BBS. By Monday morning we would be slammed with calls from users complaining that they had downloaded the Friday night patch, and now some other application would not load or function properly. Eventually we tracked th
Paul Merrell

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

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

encryption government-backdoors expert-report

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

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

www.nytimes.com/...-union-us-data-collection.html

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached
  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
  • Paul Merrell on 06 Oct 15
     
    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Gonzalo San Gil, PhD.

APIs, not apps: What the future will be like when everyone can code | Opensource.com - 1 views

opensource.com/...apis-not-apps

world apps opensource apis everyone code

shared by Gonzalo San Gil, PhD. on 16 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 16 Sep 15
     
    Navigating a world that that demands APIs, not apps "... Despite this hype, I do think that coding will become a more widespread and routine skill in the years to come. Programmable technology will continue to pervade more parts of our life, computers will continue to become more accessible to a wider population, and the world will continue to become more complex. Understanding coding (and debugging) will naturally go with it. ..."
  • Gonzalo San Gil, PhD. on 16 Sep 15
     
    Navigating a world that that demands APIs, not apps "... Despite this hype, I do think that coding will become a more widespread and routine skill in the years to come. Programmable technology will continue to pervade more parts of our life, computers will continue to become more accessible to a wider population, and the world will continue to become more complex. Understanding coding (and debugging) will naturally go with it. ..."
Gary Edwards

ptsefton » OpenOffice.org is bad for the planet - 0 views

ptsefton.com/...eorg-is-bad-for-the-planet.htm

webkit odf ooxml html ptsefton

shared by Gary Edwards on 13 Mar 09 - Cached
  • Gary Edwards on 13 Mar 09
     
    ptsefton continues his rant that OpenOffice does not support the Open Web. He's been on this rant for so long, i'm wondering if he really thinks there's a chance the lords of ODF and the OpenOffice source code are listening? In this post he describes how useless it is to submit his findings and frustrations with OOo in a bug report. Pretty funny stuff even if you do end up joining the Michael Meeks trek along this trail of tears. Maybe there's another way?

    What would happen if pt moved from targeting the not so open OpenOffice, to target governments and enterprises trying to set future information system requirements?

    NY State is next up on this endless list. Most likely they will follow the lessons of exhaustive pilot studies conducted by Massachusetts, California, Belgium, Denmark and England, and end up mandating the use of both open standard "XML" formats, ODF and OOXML.

    The pilots concluded that there was a need for both XML formats; depending on the needs of different departments and workgroups. The pilot studies scream out a general rule of thumb; if your department has day-to-day business processes bound to MSOffice workgroups, then it makes sense to use MSOffice OOXML going forward. If there is no legacy MSOffice bound workgroup or workflow, it makes sense to move to OpenOffice ODF.

    One thing the pilots make clear is that it is prohibitively costly and disruptive to try to replace MSOffice bound workgroups.

    What NY State might consider is that the Web is going to be an important part of their informations systems future. What a surprise. Every pilot recognized and indeed, emphasized this fact. Yet, they fell short of the obvious conclusion; mandating that desktop applications provide native support for Open Web formats, protocols and interfaces!

    What's wrong with insisting that desktop applciations and office suites support the rapidly advancing HTML+ technologies as well as the applicat
Paul Merrell

Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

www.nytimes.com/...-barriers-to-spy-agencies.html

surveillance-state NSA-reform DIY-reform internet-hardening digital-privacy

shared by Paul Merrell on 08 Jun 14 - No Cached
  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
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  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
Gary Edwards

Can C.E.O. Satya Nadella Save Microsoft? | Vanity Fair - 0 views

www.vanityfair.com/...-gates-steve-ballmer-microsoft

Microsoft-Cloud

shared by Gary Edwards on 09 Oct 14 - No Cached
  • he new world of computing is a radical break from the past. That’s because of the growth of mobile devices and cloud computing. In the old world, corporations owned and ran Windows P.C.’s and Window servers in their own facilities, with the necessary software installed on them. Everyone used Windows, so everything was developed for Windows. It was a virtuous circle for Microsoft.
  • 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.
  • Part of why Microsoft failed with devices is that competitors upended its business model. Google doesn’t charge for the operating system. That’s because Google makes its money on search. Apple can charge high prices because of the beauty and elegance of its devices, where the software and hardware are integrated in one gorgeous package. Meanwhile, Microsoft continued to force outside manufacturers, whose products simply weren’t as compelling as Apple’s, to pay for a license for Windows. And it didn’t allow Office to be used on non-Windows phones and tablets. “The whole philosophy of the company was Windows first,” says Heather Bellini, an analyst at Goldman Sachs. Of course it was: that’s how Microsoft had always made its money.
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  • Right now, Windows itself is fragmented: applications developed for one Windows device, say a P.C., don’t even necessarily work on another Windows device. And if Microsoft develops a new killer application, it almost has to be released for Android and Apple phones, given their market dominance, thereby strengthening those eco-systems, too.
  • At its core, Azure uses Windows server technology. That helps existing Windows applications run seamlessly on Azure. Technologists sometimes call what Microsoft has done a “hybrid cloud” because companies can use Azure alongside their pre-existing on-site Windows servers. At the same time, Nadella also to some extent has embraced open-source software—free code that doesn’t require a license from Microsoft—so that someone could develop something using non-Microsoft technology, and it would run on Azure. That broadens Azure’s appeal.
  • “In some ways the way people think about Bill and Steve is almost a Rorschach test.” For those who romanticize the Gates era, Microsoft’s current predicament will always be Ballmer’s fault. For others, it’s not so clear. “He left Steve holding a big bag of shit,” the former executive says of Gates. In the year Ballmer officially took over, Microsoft was found to be a predatory monopolist by the U.S. government and was ordered to split into two; the cost of that to Gates and his company can never be calculated. In addition, the dotcom bubble had burst, causing Microsoft stock to collapse, which resulted in a simmering tension between longtime employees, whom the company had made rich, and newer ones, who had missed the gravy train.
  • Nadella lived this dilemma because his job at Microsoft included figuring out the cloud-based future while maintaining the highly profitable Windows server business. And so he did a bunch of things that were totally un-Microsoft-like. He went to talk to start-ups to find out why they weren’t using Microsoft. He put massive research-and-development dollars behind Azure, a cloud-based platform that Microsoft had developed in Skunk Works fashion, which by definition took resources away from the highly profitable existing business.
  • They even have a catchphrase: “Re-inventing productivity.”
  • Microsoft’s historical reluctance to open Windows and Office is why it was such a big deal when in late March, less than two months after becoming C.E.O., Nadella announced that Microsoft would offer Office for Apple’s iPad. A team at the company had been working on it for about a year. Ballmer says he would have released it eventually, but Nadella did it immediately. Nadella also announced that Windows would be free for devices smaller than nine inches, meaning phones and small tablets. “Now that we have 30 million users on the iPad using it, that is 30 million people who never used Office before [on an iPad,]” he says. “And to me that’s what really drives us.” These are small moves in some ways, and yet they are also big. “It’s the first time I have listened to a senior Microsoft executive admit that they are behind,” says one institutional investor. “The fact that they are giving away Windows, their bread and butter for 25 years—it is quite a fundamental change.”
  • And whoever does the best job of building the right software experiences to give both organizations and individuals time back so that they can get more out of their time, that’s the core of this company—that’s the soul. That’s what Bill started this company with. That’s the Office franchise. That’s the Windows franchise. We have to re-invent them. . . . That’s where this notion of re-inventing productivity comes from.”
  • Ballmer might be a complicated character, but he has nothing on Gates, whose contradictions have long fascinated Microsoft-watchers. He is someone who has no problem humiliating individuals—he might not even notice—but who genuinely cares deeply about entire populations and is deeply loyal. He is generous in the biggest ways imaginable, and yet in small things, like picking up a lunch tab, he can be shockingly cheap. He can’t make small talk and can come across as totally lacking in E.Q. “The rules of human life that allow you to get along are not complicated,” says one person who knows Gates. “He could write a book on it, but he can’t do it!”
  • At the Microsoft board meeting in late June 2013, Ballmer announced he had a handshake deal with Nokia’s management to buy the company, pending the Microsoft board’s approval, according to a source close to the events. Ballmer thought he had it and left before the post-board-meeting dinner to attend his son’s middle-school graduation. When he came back the next day, he found that the board had pulled a coup: they informed him they weren’t doing the deal, and it wasn’t up for discussion. For Ballmer, it seems, the unforgivable thing was that Gates had been part of the coup, which Ballmer saw as the ultimate betrayal.
  • what is scarce in all of this abundance is human attention
  • And the original idea of having great software people and broad software products and Office being the primary tool that people look to across all these devices, that’ s as true today and as strong as ever.”
  • Meeting Room Plus
  • But he combines that with flashes of insight and humor that leave some wondering whether he can’t do it or simply chooses not to, or both. His most pronounced characteristic shouldn’t be simply labeled a competitive streak, because it is really a fierce, deep need to win. The dislike it bred among his peers in the industry is well known—“Silicon Bully” was the title of an infamous magazine story about him. And yet he left Microsoft for the philanthropic world, where there was no one to bully, only intractable problems to solve.
  • “The Irrelevance of Microsoft” is actually the title of a blog post by an analyst named Benedict Evans, who works at the Silicon Valley venture-capital firm Andreessen Horowitz. On his blog, Evans pointed out that Microsoft’s share of all computing devices that we use to connect to the Internet, including P.C.’s, phones, and tablets, has plunged from 90 percent in 2009 to just around 20 percent today. This staggering drop occurred not because Microsoft lost ground in personal computers, on which its software still dominates, but rather because it has failed to adapt its products to smartphones, where all the growth is, and tablets.
  • The board told Ballmer they wanted him to stay, he says, and they did eventually agree to a slightly different version of the deal. In September, Microsoft announced it was buying Nokia’s devices-and-services business for $7.2 billion. Why? The board finally realized the downside: without Nokia, Microsoft was effectively done in the smartphone business. But, for Ballmer, the damage was done, in more ways than one. He now says it became clear to him that despite the lack of a new C.E.O. he couldn’t stay. Cultural change, he decided, required a change at the top, and, he says,“there was too much water under the bridge with this board.” The feeling was mutual. As a source close to Microsoft says, no one, including Gates, tried to stop him from quitting.
  • in Wall Street’s eyes, Nadella can do no wrong. Microsoft’s stock has risen 30 percent since he became C.E.O., increasing its market value by $87 billion. “It’s interesting with Satya,” says one person who observes him with investors. “He is not a business guy or a financial analyst, but he finds a common language with investors, and in his short tenure, they leave going, Wow.” But the honeymoon is the easy part.
  • “He was so publicly and so early in life defined as the brilliant guy,” says a person who has observed him. “Anything that threatens that, he becomes narcissistic and defensive.” Or as another person puts it, “He throws hissy fits when he doesn’t get his way.”
  • round three-quarters of Microsoft’s profits come from the two fabulously successful products on which the company was built: the Windows operating system, which essentially makes personal computers run, and Office, the suite of applications that includes Word, Excel, and PowerPoint. Financially speaking, Microsoft is still extraordinarily powerful. In the last 12 months the company reported sales of $86.83 billion and earnings of $22.07 billion; it has $85.7 billion of cash on its balance sheet. But the company is facing a confluence of threats that is all the more staggering given Microsoft’s sheer size. Competitors such as Google and Apple have upended Microsoft’s business model, making it unclear where Windows will fit in the world, and even challenging Office. In the Valley, there are two sayings that everyone regards as truth. One is that profits follow relevance. The other is that there’s a difference between strategic position and financial position. “It’s easy to be in denial and think the financials reflect the current reality,” says a close observer of technology firms. “They do not.”
  • Gary Edwards on 09 Oct 14
     
    Awesome article describing the history of Microsoft as seen through the lives of it's three CEO's: Bill Gates, Steve Ballmer and Satya Nadella
Paul Merrell

European Parliament Urges Protection for Edward Snowden - The New York Times - 0 views

www.nytimes.com/...snowden-nsa-whistleblower.html

surveillance state Snowden EU-Parliament resolution charges extradition

shared by Paul Merrell on 30 Oct 15 - No Cached
  • The European Parliament narrowly adopted a nonbinding but nonetheless forceful resolution on Thursday urging the 28 nations of the European Union to recognize Edward J. Snowden as a “whistle-blower and international human rights defender” and shield him from prosecution.On Twitter, Mr. Snowden, the former National Security Agency contractor who leaked millions of documents about electronic surveillance by the United States government, called the vote a “game-changer.” But the resolution has no legal force and limited practical effect for Mr. Snowden, who is living in Russia on a three-year residency permit.Whether to grant Mr. Snowden asylum remains a decision for the individual European governments, and none have done so thus far. Continue reading the main story Related Coverage Open Source: Now Following the N.S.A. on Twitter, @SnowdenSEPT. 29, 2015 Snowden Sees Some Victories, From a DistanceMAY 19, 2015 Still, the resolution was the strongest statement of support seen for Mr. Snowden from the European Parliament. At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States.
  • The resolution calls on European Union members to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties.”In June 2013, shortly after Mr. Snowden’s leaks became public, the United States charged him with theft of government property and violations of the Espionage Act of 1917. By then, he had flown to Moscow, where he spent weeks in legal limbo before he was granted temporary asylum and, later, a residency permit.Four Latin American nations have offered him permanent asylum, but he does not believe he could travel from Russia to those countries without running the risk of arrest and extradition to the United States along the way.
  • The White House, which has used diplomatic efforts to discourage even symbolic resolutions of support for Mr. Snowden, immediately criticized the resolution.“Our position has not changed,” said Ned Price, a spokesman for the National Security Council in Washington.“Mr. Snowden is accused of leaking classified information and faces felony charges here in the United States. As such, he should be returned to the U.S. as soon as possible, where he will be accorded full due process.”Jan Philipp Albrecht, one of the lawmakers who sponsored the resolution in Europe, said it should increase pressure on national governments.
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  • “It’s the first time a Parliament votes to ask for this to be done — and it’s the European Parliament,” Mr. Albrecht, a German lawmaker with the Greens political bloc, said in a phone interview shortly after the vote, which was held in Strasbourg, France. “So this has an impact surely on the debate in the member states.”The resolution “is asking or demanding the member states’ governments to end all the charges and to prevent any extradition to a third party,” Mr. Albrecht said. “That’s a very clear call, and that can’t be just ignored by the governments,” he said.
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
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:
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  • 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.
Paul Merrell

Revealed: How DOJ Gagged Google over Surveillance of WikiLeaks Volunteer - The Intercept - 0 views

firstlook.org/...appelbaum-google-investigation

surveillance state DoJ Appelbaum-email Wikileaks

shared by Paul Merrell on 21 Jun 15 - No Cached
  • The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.
  • The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”
  • Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.
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  • The Justice Department wanted to keep the surveillance secret largely because of an earlier public backlash over its WikiLeaks investigation. In January 2011, Appelbaum and other WikiLeaks volunteers’ – including Icelandic parlimentarian Birgitta Jonsdottir – were notified by Twitter that the Justice Department had obtained data about their accounts. This disclosure generated widepread news coverage and controversy; the government says in the unsealed court records that it “failed to anticipate the degree of  damage that would be caused” by the Twitter disclosure and did not want to “exacerbate this problem” when it went after Appelbaum’s Gmail data. The court documents show the Justice Department said the disclosure of its Twitter data grab “seriously jeopardized the [WikiLeaks] investigation” because it resulted in efforts to “conceal evidence” and put public pressure on other companies to resist similar surveillance orders. It also claimed that officials named in the subpeona ordering Twitter to turn over information were “harassed” after a copy was published by Intercept co-founder Glenn Greenwald at Salon in 2011. (The only specific evidence of the alleged harassment cited by the government is an email that was sent to an employee of the U.S. Attorney’s office that purportedly said: “You guys are fucking nazis trying to controll [sic] the whole fucking world. Well guess what. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US.”)
  • The government agreed to unseal some of the court records on Apr. 1 this year, and they were apparently turned over to Appelbaum on May 14 through a notification sent to his Gmail account. The files were released on condition that they would contain some redactions, which are bizarre and inconsistent, in some cases censoring the name of “WikiLeaks” from cited public news reports. Not all of the documents in the case – such as the original surveillance orders contested by Google – were released as part of the latest disclosure. Some contain “specific and sensitive details of the investigation” and “remain properly sealed while the grand jury investigation continues,” according to the court records from April this year. Appelbaum, an American citizen who is based in Berlin, called the case “a travesty that continues at a slow pace” and said he felt it was important to highlight “the absolute madness in these documents.”
  • He told The Intercept: “After five years, receiving such legal documents is neither a shock nor a needed confirmation. … Will we ever see the full documents about our respective cases? Will we even learn the names of those signing so-called legal orders against us in secret sealed documents? Certainly not in a timely manner and certainly not in a transparent, just manner.” The 32-year-old, who has recently collaborated with Intercept co-founder Laura Poitras to report revelations about National Security Agency surveillance for German news magazine Der Spiegel, said he plans to remain in Germany “in exile, rather than returning to the U.S. to experience more harassment of a less than legal kind.”
  • “My presence in Berlin ensures that the cost of physically harassing me or politically harassing me is much higher than when I last lived on U.S. soil,” Appelbaum said. “This allows me to work as a journalist freely from daily U.S. government interference. It also ensures that any further attempts to continue this will be forced into the open through [a Mutal Legal Assistance Treaty] and other international processes. The German goverment is less likely to allow the FBI to behave in Germany as they do on U.S. soil.” The Justice Department’s WikiLeaks investigaton is headed by prosecutors in the Eastern District of Virginia. Since 2010, the secretive probe has seen activists affiliated with WikiLeaks compelled to appear before a grand jury and the FBI attempting to infiltrate the group with an informant. Earlier this year, it was revealed that the government had obtained the contents of three core WikiLeaks staffers’ Gmail accounts as part of the investigation.
Gary Edwards

The Open Web: Next-Generation Standards Support in WebKit/ Safari - 0 views

www.apple.com/...features.html

webkit safari acid3 open-web interoperability

shared by Gary Edwards on 19 Mar 09 - Cached
  • Gary Edwards on 19 Mar 09
     
    Apple has posted an interesting page describing Safari technologies. Innovations and support for existing standards as well as the ACID3 test are covered.

    Many people think that the Apple WebKit-Safari-iPhone innovations are pushing Open Web Standards beyond beyond the limits of "Open", and deep into the verboten realm of vendor specific extensions. Others, myself included, believe that the WebKit community has to do this if Open Web technologies are to be anyway competitive with Microsoft's RiA (XAML-Silverlight-WPF).

    Adobe RiA (AiR-Flex-Flash) is also an alternative to WebKit and Microsoft RiA; kind of half Open Web, half proprietary though. Adobe Flash is of course proprietary. While Adobe AiR implements the WebKit layout engine and visual document model. I suspect that as Adobe RiA loses ground to Microsoft Silverlight, they will open up Flash. But that's not something the Open Web can afford to wait for.

    In many ways, WebKit is at the cutting edge of Ajax Open Web technologies. The problems of Ajax not scaling well are being solved as shared JavaScript libraries continue to amaze, and the JavaScript engines roar with horsepower. Innovations in WebKit, even the vendor-device specific ones, are being picked up by the JS Libraries, Firefox, and the other Open Web browsers.

    At the end of the day though, it is the balance between the ACiD3 test on one side and the incredible market surge of WebKit smartphones, countertops, and netbook devices at the edge of the Web that seem to hold things together.

    The surge at the edge is washing back over the greater Web, as cross-browser frustrated Web designers and developers roll out the iPhone welcome. Let's hope the ACiD3 test holds. So far it's proving to be a far more important consideration for maintaining Open Web interop, without sacrificing innovation, than anything going on at the stalled W3C.

    "..... Safari continues to lead the way, implementing
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

firstlook.org/...nsa-gchq-targeted-kaspersky

surveillance state NSA GCHQ anti-virus-software

shared by Paul Merrell on 23 Jun 15 - No Cached
  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
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  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Paul Merrell

Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

www.globalresearch.ca/...5385860

transparency whistle-blowers resources ExposeFacts.org

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
  • Paul Merrell on 07 Jun 14
     
    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
Gary Edwards

Huddle: Consumer cloud services causing 'security time-bomb' for enterprises | ZDNet - 0 views

www.zdnet.com/omb-for-enterprises-7000016132

huddle wordSDK Office-365

shared by Gary Edwards on 04 Sep 14 - No Cached
  • Gary Edwards on 04 Sep 14
     
    "AN FRANCISCO -- As more employees continue to access consumer cloud accounts at work (regardless of IT rules), the enterprise world is about to reach a breaking point, based on a new report. Quite simply, U.K. cloud collaboration company Huddle described the trend as a "security time-bomb." At least 38 percent of U.S. office workers are said to have admitted to storing work documents on personal cloud tools and services, while a whopping 91 percent of workers added they use personal devices (i.e. USB drives) to store and share sensitive company documents. Huddle argued that this means enterprise and government organizations are at severe risk of losing both data intellectual property forever as this fragmentation continues. The London-headquartered company published its first State of the Enterprise assessment report amid the official opening of its San Francisco offices on Thursday morning as Huddle branches out to attract a U.S. customer base. "Legacy technologies create barriers to how we want to work," said Mitchell. Huddle produces a team-based collaboration platform designed for large teams within enterprises storing content securely and individually. The idea behind Huddle is to replace personal USB drives and "dumb file storage" platforms with open-security models and folder-based content. As the cloud-based storage and collaboration market grows, it looks like Huddle will be aiming to take on the likes of Box, Google Drive, Microsoft SkyDrive, and Dropbox, among others. Huddle is framing itself as different in that it constructs a single network for working and collaborating beyond a firewall, removing VPN complexities with single, company-wide login. Huddle CEO Alastair Mitchell described during an inaugural media presentation that its customers are replacing legacy technologies, calling out SharePoint and Outlook in particular as users move content collaboration out of email. "Legacy technologies create barriers to how we want to work," sai
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Gary Edwards

Microsoft's Quest for Interoperability and Open Standards - 0 views

www.cmswire.com/...-and-open-standards-004220.php

webkit interop open-web open-standards microsoft

shared by Gary Edwards on 09 Apr 09 - Cached
  • Gary Edwards on 09 Apr 09
     
    Interesting article discussing the many ways Microsoft is using to improve the public perception that they are serious about interoperability and open formats, protocols and interfaces. Rocketman attended the recent ISO SC34 meeting in Prague and agrees that Microsoft has indeed put on a new public face filled with cooperation, compliance and unheard of sincerity.

    He also says, "Don't be fooled!!!"

    There is a big difference between participation in vendor consortia and government sponsored public standards efforts, and, actual implementation at the product level. Looking at how Microsoft products implement open standards, my take is that they have decided on a policy of end user choice. Their applications offer on the one hand the choice of aging, near irrelevant and often crippled open standards. And on the other, the option of very rich and feature filled but proprietary formats, protocols and interfaces that integrate across the entire Microsoft platform of desktop, devices and servers. For instance; IE8 supports 1998 HTML-CSS, but not the advanced ACiD-3 "HTML+" used by WebKit, Firefox, Opera and near every device or smartphone operating at the edge of the Web. (HTML+ = HTML5, CSS4, SVG/Canvas, JS, JS Libs).

    But they do offer advanced .NET-WPF proprietary alternative to Open Web HTML+. These include XAML, Silverlight, XPS, LINQ, Smart Tags, and OOXML. Very nice.

    "When an open source advocate, open standards advocate, or, well, pretty much anyone that competes with Microsoft (news, site) sees an extended hand from the software giant toward better interoperability, they tend to look and see if the other hand's holding a spiked club.

    Even so, the Redmond, WA company continues to push the message that it has seen the light regarding open standards and interoperability...."

Gonzalo San Gil, PhD.

The Linux desktop battle (and why it matters) - TechRepublic - 2 views

www.techrepublic.com/...ktop-battle-and-why-it-matters

linux desktop battle party why IT matters strong community despite proprietary press pamphlets

shared by Gonzalo San Gil, PhD. on 30 Mar 15 - No Cached
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution.
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    "Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution. Linux desktop I have been using Ubuntu Unity for a very long time. In fact, I would say that this is, by far, the longest I've stuck with a single desktop interface. Period. That doesn't mean I don't stop to smell the desktop roses along the Linux path. In fact, I've often considered other desktops as a drop-in replacement for Unity. GNOME and Budgie have vied for my attention of late. Both are solid takes on the desktop that offer a minimalistic, modern look and feel (something I prefer) and help me get my work done with an efficiency other desktops can't match. What I see across the Linux landscape, however, often takes me by surprise. While Microsoft and Apple continue to push the idea of the user interface forward, a good amount of the Linux community seems bent on holding us in a perpetual state of "90s computing." Consider Xfce, Mate, and Cinnamon -- three very popular Linux desktop interfaces that work with one very common thread... not changing for the sake of change. Now, this can be considered a very admirable cause when it's put in place to ensure that user experience (UX) is as positive as possible. What this idea does, however, is deny the idea that change can affect an even more efficient and positive UX. When I spin up a distribution that makes use of Xfce, Mate, or Cinnamon, I find the environments work well and get the job done. At the same time, I feel as if the design of the desktops is trapped in the wrong era. At this point, you're certainly questioning the validity and path of this post. If the desktops work well and help you get the job done, what's wrong? It's all about perception. Let me offer you up a bit of perspective. The only reason Apple managed to rise from the ashes and become one of the single most powerful forces in technology is because they understood the concept of perception. They re-invented th
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution.
Paul Merrell

Press corner | European Commission - 0 views

ec.europa.eu/...ip_20_2077

EC Amazon antitrust litigation press

shared by Paul Merrell on 11 Nov 20 - No Cached
  • The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by distorting competition in online retail markets. The Commission takes issue with Amazon systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon's own retail business, which directly competes with those third party sellers. The Commission also opened a second formal antitrust investigation into the possible preferential treatment of Amazon's own retail offers and those of marketplace sellers that use Amazon's logistics and delivery services. Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “We must ensure that dual role platforms with market power, such as Amazon, do not distort competition.  Data on the activity of third party sellers should not be used to the benefit of Amazon when it acts as a competitor to these sellers. The conditions of competition on the Amazon platform must also be fair.  Its rules should not artificially favour Amazon's own retail offers or advantage the offers of retailers using Amazon's logistics and delivery services. With e-commerce booming, and Amazon being the leading e-commerce platform, a fair and undistorted access to consumers online is important for all sellers.”
  • Amazon has a dual role as a platform: (i) it provides a marketplace where independent sellers can sell products directly to consumers; and (ii) it sells products as a retailer on the same marketplace, in competition with those sellers. As a marketplace service provider, Amazon has access to non-public business data of third party sellers such as the number of ordered and shipped units of products, the sellers' revenues on the marketplace, the number of visits to sellers' offers, data relating to shipping, to sellers' past performance, and other consumer claims on products, including the activated guarantees. The Commission's preliminary findings show that very large quantities of non-public seller data are available to employees of Amazon's retail business and flow directly into the automated systems of that business, which aggregate these data and use them to calibrate Amazon's retail offers and strategic business decisions to the detriment of the other marketplace sellers. For example, it allows Amazon to focus its offers in the best-selling products across product categories and to adjust its offers in view of non-public data of competing sellers. The Commission's preliminary view, outlined in its Statement of Objections, is that the use of non-public marketplace seller data allows Amazon to avoid the normal risks of retail competition and to leverage its dominance in the market for the provision of marketplace services in France and Germany- the biggest markets for Amazon in the EU. If confirmed, this would infringe Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position.
  • Paul Merrell on 11 Nov 20
     
    "In addition, the Commission opened a second antitrust investigation into Amazon's business practices that might artificially favour its own retail offers and offers of marketplace sellers that use Amazon's logistics and delivery services (the so-called "fulfilment by Amazon or FBA sellers"). In particular, the Commission will investigate whether the criteria that Amazon sets to select the winner of the "Buy Box" and to enable sellers to offer products to Prime users, under Amazon's Prime loyalty programme, lead to preferential treatment of Amazon's retail business or of the sellers that use Amazon's logistics and delivery services. The "Buy Box" is displayed prominently on Amazon's websites and allows customers to add items from a specific retailer directly into their shopping carts. Winning the "Buy Box" (i.e. being chosen as the offer that features in this box) is crucial to marketplace sellers as the Buy Box prominently shows the offer of one single seller for a chosen product on Amazon's marketplaces, and generates the vast majority of all sales. The other aspect of the investigation focusses on the possibility for marketplace sellers to effectively reach Prime users. Reaching these consumers is important to sellers because the number of Prime users is continuously growing and because they tend to generate more sales on Amazon's marketplaces than non-Prime users. If proven, the practice under investigation may breach Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position. The Commission will now carry out its in-depth investigation as a matter of priority"
  • Paul Merrell on 11 Nov 20
     
    On the filed charges, the violation seems to be fairly clear-cut and straightforward to prove. (DG Competition has really outstanding lawyers.) I suspect the real fight here will be over the remedy.
Gary Edwards

Cocoa for Windows + Flash RiA Killer = SproutCore JavaScript Framework - RoughlyDrafted... - 0 views

www.roughlydrafted.com/...indows-flash-killer-sproutcore

apple framework javascript ria webkit

shared by Gary Edwards on 18 Jun 08 - Cached
  • SproutCore brings the values of Leopard’s Cocoa to the web, domesticating JavaScript into a functional application platform with lots of free built-in support for desktop features. Being based on open web standards and being open source itself means SproutCore will enable developers to develop cross platform applications without being tied to either a plugin architecture or its vendor. Sitting on top of web standards will also make it easy for Apple and the community to push SproutCore ahead without worrying about incompatible changes to the underlying layers of Windows, a significant problem for the old Yellow Box or some new Cocoa analog. SproutCore also lives in a well known security context, preventing worries about unknown holes being opened up by a new runtime layer.
  • Gary Edwards on 18 Jun 08
     
    The story of Javascript and the browser as a RiA competitor continues to unfold. This lengthy summation from roughlydrafed is perhaps the best discussion 'i've ever seen of technologies that will drive the Future of the Open Web. Roughly believes that Apple and Google are fighting for an Open Web Future, with Adobe and Microsoft RiA jousting for a broken web where they dominate the application development. For usre the web is moving to become an application platform. The question is one of who will own the dominant API, and be in position to impose a global platform tax. This is a great summary demanding a careful read. It also confirms my belief that the WebKit layout and document model is the way forward. It's by far and away the best (X)HTML-CSS-DOM-JavaScript model out there. The W3C alternatives do not include JavaScript, and that pretty much seals their fate. And while there are many JavaScript libraries and frameworks to chose from, i would pay close attention to three initiatives: WebKit SproutCore, Gecko jQuery, and Google GWT. ~ge~
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