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Gonzalo San Gil, PhD.

Comcast Can Blame Us All for Sinking Its Time Warner Deal | WIRED - 0 views

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    "Comcast officially abandoned its plans to acquire Time Warner Cable earlier today. But the nation's largest cable provider didn't simply decide it wasn't interested in the $45.2 billion dollar deal any longer. Signals from the Department Justice and the Federal Communications Commission made clear that the merger wouldn't be approved, and Comcast decided to cut its losses."
Gonzalo San Gil, PhD.

Federal court rules in favor of NSA bulk snooping, White House happy - RT USA - 3 views

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    "Despite the opposition of the US public and lawmakers to NSA surveillance, the courts keep handing the Obama administration the license to snoop. A US appeals court just threw out a 2013 verdict against the NSA, to White House approval. "
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    I've read the court's decision. The article in RT overstates the breadth of the court's holding very substantially. The court did not throw the case out. Instead, by a 2-1 vote it vacated the district court's grant of a preliminary injunction and remanded the case for further proceedings including for the lower court judge to decide whether discovery should be allowed. The third judge would have thrown the case out. The decision does, however, steepen the slope the plaintiffs must climb to prevail in a renewed effort to obtain an injunction. That is regrettable, in my view. The article states: "The decision vindicates the government's stance that NSA's bulk surveillance programs are constitutional, the White House said Friday." In fact, the court's decision does not even touch on the topic of the program's constitutionality, reaching only the issue of standing. The article should either have omitted the statement or pointed out the error in the government's statement.
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    # ! thank You, Paul, for the observation. anyway, what it seems is that Citizens worldwide are going to be spied... judges aside, and -I'm afraid- not always with 'security issues' in the Agency's mind...
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    I agree, Gonzalo. Most of the "terrorist" groups the U.S. claims to be concerned with were in fact created by the U.S. Terrorism is simply the easiest means for the government to defend these surveillance programs. But the disclosures that the NSA spies for other purposes just doesn't get the coverage in mainstream media that might otherwise force changes. It's the Politics of Fear.
Gonzalo San Gil, PhD.

European Commission proposes new Investment Court System for TTIP and other EU trade an... - 0 views

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    "Brussels, 16 September 2015 The European Commission has approved its proposal for a new and transparent system for resolving disputes between investors and states - the Investment Court System. The Investment Court System would replace the existing investor-to-state dispute settlement (ISDS) mechanism in all ongoing and future EU investment negotiations, including the EU-US talks on a Transatlantic Trade and Investment Partnership (TTIP)."
Gonzalo San Gil, PhD.

Think The Net Neutrality Fight Is Over? Think Again. [# ! Note / Lead] - 0 views

    • Gonzalo San Gil, PhD.
       
      [# ! Via Alexander Gray's LinkedIn]
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    [WASHINGTON -- When the Obama administration approved strong new net neutrality rules earlier this year, advocates rejoiced. "We have won on net neutrality," Apple co-founder Steve Wozniak told The Guardian. President Barack Obama declared victory and thanked Reddit, the self-proclaimed "Front Page of the Internet" for its community's activism on the issue. ]
Gary Edwards

The NeuroCommons Project: Open RDF Ontologies for Scientific Reseach - 0 views

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    The NeuroCommons project seeks to make all scientific research materials - research articles, annotations, data, physical materials - as available and as useable as they can be. This is done by fostering practices that render information in a form that promotes uniform access by computational agents - sometimes called "interoperability". Semantic Web practices based on RDF will enable knowledge sources to combine meaningfully, semantically precise queries that span multiple information sources.

    Working with the Creative Commons group that sponsors "Neurocommons", Microsoft has developed and released an open source "ontology" add-on for Microsoft Word. The add-on makes use of MSOffice XML panel, Open XML formats, and proprietary "Smart Tags". Microsoft is also making the source code for both the Ontology Add-in for Office Word 2007 and the Creative Commons Add-in for Office Word 2007 tool available under the Open Source Initiative (OSI)-approved Microsoft Public License (Ms-PL) at http://ucsdbiolit.codeplex.com and http://ccaddin2007.codeplex.com,respectively.

    No doubt it will take some digging to figure out what is going on here. Microsoft WPF technologies include Smart Tags and LINQ. The Creative Commons "Neurocommons" ontology work is based on W3C RDF and SPARQL. How these opposing technologies interoperate with legacy MSOffice 2003 and 2007 desktops is an interesting question. One that may hold the answer to the larger problem of re-purposing MSOffice for the Open Web?

    We know Microsoft is re-purposing MSOffice for the MS Web. Perhaps this work with Creative Commons will help to open up the Microsoft desktop productivity environment to the Open Web? One can always hope :)

    Dr Dobbs has the Microsoft - Creative Commons announcement; Microsoft Releases Open Tools for Scientific Research ...... Joins Creative Commons in releasing the Ontology Add-in
Gary Edwards

The Plot to Kill Google | Wired - 0 views

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    Caught this at Clusterstock and found it to be quite the story! ClusterStock's John Carney focused on how Microsoft was using governemnt muscle to trip up competitors. Now it's Googles turn. From the Wired story: "Then, late in the day, Barnett brought up the two words Google lawyers least wanted to hear: Section Two-as in, Section Two of the Sherman Antitrust Act, which criminalizes monopolies. The Justice Department invoked Section Two to splinter Standard Oil in 1911, break up AT&T in 1982, and prosecute Microsoft in 1998. Now Barnett was signaling not just that the Google-Yahoo deal was dead but that the government saw Google as a potential monopolist. In fact, Barnett insisted, if the deal wasn't substantially changed or scuttled, he would sue within five days. It was a stunning blow. Google had expected a speedy approval. Now the company, whose brand is defined by its "Don't be evil" slogan, faced the prospect of being hauled into court on an antitrust charge. Google and Yahoo tried to salvage the negotiations, but on the morning of November 5, three hours before the DOJ was going to file its antitrust case, they abandoned the deal."
Paul Merrell

OASIS - News - 2008-05-30 - 0 views

  • Members Approve Web Services for Remote Portlets (WSRP) 2.0 as OASIS Standard IBM, Sun Microsystems, Microsoft, Novell, Oracle, SAP, TIBCO, Vignette and Others Collaborate on Open Standard for Integrating Web Services into Portals
  • Boston, MA, USA; 30 May 2008 — OASIS, the international open standards consortium, today announced that its members have approved the Web Services for Remote Portlets (WSRP) version 2.0 as an OASIS Standard, a status that signifies the highest level of ratification. Developed through an open process by the OASIS WSRP Technical Committee, the new standard simplifies the effort required for aggregating applications, such as portals, to quickly integrate remote content and applications. "Vendors of aggregating applications no longer need to write special adapters to accommodate the variety of interfaces and protocols used by content providers," explained Rich Thompson of IBM, chair of the OASIS WSRP Technical Committee. "With WSRP, they can integrate remote content and applications with just a few mouse clicks and virtually no programming effort. WSRP version 2.0 adds those capabilities needed to fully integrate the remote components into the aggregated application."
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Gary Edwards

Brendan's Roadmap Updates: Open letter to Microsoft's Chris Wilson and their fight to s... - 0 views

  • The history of ECMAScript since its beginnings in November 1996 shows that when Microsoft was behind in the market (against Netscape in 1996-1997), it moved aggressively in the standards body to evolve standards starting with ES1 through ES3. Once Microsoft dominated the market, the last edition of the standard was left to rot -- ES3 was finished in 1999 -- and even easy-to-fix standards conformance bugs in IE JScript went unfixed for eight years (so three years to go from Edition 1 to 3, then over eight to approach Edition 4). Now that the proposed 4th edition looks like a competitive threat, the world suddenly hears in detail about all those bugs, spun as differences afflicting "JavaScript" that should inform a new standard.
  • In my opinion the notion that we need to add features so that ajax programming would be easier is plain wrong. ajax is a hack and also the notion of a webapp is a hack. the web was created in a document centric view. All w3c standards are also based on the same document notion. The heart of the web, the HTTP protocol is designed to support a web of documents and as such is stateless. the proper solution, IMO, is not to evolve ES for the benefit of ajax and webapps, but rather generalize the notion of a document browser that connects to a web of documents to a general purpose client engine that connects to a network of internet applications. thus the current web (document) browser just becomes one such internet application.
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    the obvious conflict of interest between the standards-based web and proprietary platforms advanced by Microsoft, and the rationales for keeping the web's client-side programming language small while the proprietary platforms rapidly evolve support for large languages, does not help maintain the fiction that only clashing high-level philosophies are involved here. Readers may not know that Ecma has no provision for "minor releases" of its standards, so any ES3.1 that was approved by TG1 would inevitably be given a whole edition number, presumably becoming the 4th Edition of ECMAScript. This is obviously contentious given all the years that the majority of TG1, sometimes even apparently including Microsoft representatives, has worked on ES4, and the developer expectations set by this long-standing effort. A history of Microsoft's post-ES3 involvement in the ECMAScript standard group, leading up to the overt split in TG1 in March, is summarized here. The history of ECMAScript since its beginnings in November 1996 shows that when Microsoft was behind in the market (against Netscape in 1996-1997), it moved aggressively in the standards body to evolve standards starting with ES1 through ES3. Once Microsoft dominated the market, the last edition of the standard was left to rot -- ES3 was finished in 1999 -- and even easy-to-fix standards conformance bugs in IE JScript went unfixed for eight years (so three years to go from Edition 1 to 3, then over eight to approach Edition 4). Now that the proposed 4th edition looks like a competitive threat, the world suddenly hears in detail about all those bugs, spun as differences afflicting "JavaScript" that should inform a new standard.
Gary Edwards

What Oracle Sees in Sun Microsystems | NewsFactor Network - 0 views

  • Citigroup's Thill estimates Oracle could cut between 40 percent and 70 percent of Sun's roughly 33,000 employees. Excluding restructuring costs, Oracle expects Sun to add $1.5 billion in profit during the first year after the acquisition closes this summer, and another $2 billion the following year. Oracle executives declined to say how many jobs would be eliminated.
  • Citigroup's Thill estimates Oracle could cut between 40 percent and 70 percent of Sun's roughly 33,000 employees. Excluding restructuring costs, Oracle expects Sun to add $1.5 billion in profit during the first year after the acquisition closes this summer, and another $2 billion the following year. Oracle executives declined to say how many jobs would be eliminated.
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    Good article from Aaron Ricadela. The focus is on Java, Sun's hardware-Server business, and Oracle's business objectives. No mention of OpenOffice or ODf though. There is however an interesting quote from IBM regarding the battle between Java and Microsoft .NET. Also, no mention of a OpenOffice-Java Foundation that would truly open source these technologies.

    When we were involved with the Massachusetts Pilot Study and ODF Plug-in proposals, IBM and Oracle lead the effort to open source the da Vinci plug-in. They put together a group of vendors known as "the benefactors", with the objective of completing work on da Vinci while forming a patent pool - open source foundation for all OpenOffice and da Vinci source. This idea was based on the Eclipse model.

    One of the more interesting ideas coming out of the IBM-Oracle led "benefactors", was the idea of breaking OpenOffice into components that could then be re-purposed by the Eclipse community of developers. The da Vinci plug-in was to be the integration bridge between Eclipse and the Microsoft Office productivity environment. Very cool. And no doubt IBM and Oracle were in synch on this in 2006. The problem was that they couldn't convince Sun to go along with the plan.

    Sun of course owned both Java and OpenOffice, and thought they could build a better ODF plug-in for OpenOffice (and own that too). A year later, Sun actually did produce an ODF plug-in for MSOffice. It was sent to Massachusetts on July 3rd, 2007, and tested against the same set of 150 critical documents da Vinci had to successfully convert without breaking. The next day, July 4th, Massachusetts announced their decision that they would approve the use of both ODF and OOXML! The much hoped for exclusive ODF requirement failed in Massachusetts exactly because Sun insisted on their way or the highway.

    Let's hope Oracle can right the ship and get OpenOffice-ODF-Java back on track.

    "......To gain
Paul Merrell

Italy Approves 'Google Tax' on Internet Companies - Bloomberg - 0 views

  • Italy’s Parliament today passed a new measure on web advertising, the so-called “Google tax,” which will require Italian companies to purchase their Internet ads from locally registered companies, instead of from units based in havens such as Ireland, Luxembourg and Bermuda.
Paul Merrell

The Wifi Alliance, Coming Soon to Your Neighborhood: 5G Wireless | Global Research - Ce... - 0 views

  • Just as any new technology claims to offer the most advanced development; that their definition of progress will cure society’s ills or make life easier by eliminating the drudgery of antiquated appliances, the Wifi Alliance  was organized as a worldwide wireless network to connect ‘everyone and everything, everywhere” as it promised “improvements to nearly every aspect of daily life.”    The Alliance, which makes no pretense of potential health or environmental concerns, further proclaimed (and they may be correct) that there are “more wifi devices than people on earth”.   It is that inescapable exposure to ubiquitous wireless technologies wherein lies the problem.   
  • Even prior to the 1997 introduction of commercially available wifi devices which has saturated every industrialized country, EMF wifi hot spots were everywhere.  Today with the addition of cell and cordless phones and towers, broadcast antennas, smart meters and the pervasive computer wifi, both adults and especially vulnerable children are surrounded 24-7 by an inescapable presence with little recognition that all radiation exposure is cumulative.    
  • The National Toxicology Program (NTP), a branch of the US National Institute for Health (NIH), conducted the world’s largest study on radiofrequency radiation used by the US telecommunications industry and found a ‘significantly statistical increase in brain and heart cancers” in animals exposed to EMF (electromagnetic fields).  The NTP study confirmed the connection between mobile and wireless phone use and human brain cancer risks and its conclusions were supported by other epidemiological peer-reviewed studies.  Of special note is that studies citing the biological risk to human health were below accepted international exposure standards.    
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    ""…what this means is that the current safety standards as off by a factor of about 7 million.' Pointing out that a recent FCC Chair was a former lobbyist for the telecom industry, "I know how they've attacked various people.  In the U.S. … the funding for the EMF research [by the Environmental Protection Agency] was cut off starting in 1986 … The U.S. Office of Naval Research had been funding a fair amount of research in this area [in the '70s]. They [also] … stopped funding new grants in 1986 …  And then the NIH a few years later followed the same path …" As if all was not reason enough for concern or even downright panic,  the next generation of wireless technology known as 5G (fifth generation), representing the innocuous sounding Internet of Things, promises a quantum leap in power and exceedingly more damaging health impacts with mandatory exposures.      The immense expansion of radiation emissions from the current wireless EMF frequency band and 5G about to be perpetrated on an unsuspecting American public should be criminal.  Developed by the US military as non lethal perimeter and crowd control, the Active Denial System emits a high density, high frequency wireless radiation comparable to 5G and emits radiation in the neighborhood of 90 GHz.    The current Pre 5G, frequency band emissions used in today's commercial wireless range is from 300 Mhz to 3 GHZ as 5G will become the first wireless system to utilize millimeter waves with frequencies ranging from 30 to 300 GHz. One example of the differential is that a current LANS (local area network system) uses 2.4 GHz.  Hidden behind these numbers is an utterly devastating increase in health effects of immeasurable impacts so stunning as to numb the senses. In 2017, the international Environmental Health Trust recommended an EU moratorium "on the roll-out of the fifth generation, 5G, for telecommunication until potential hazards for human health and the environment hav
Paul Merrell

Senate votes to overturn Ajit Pai's net neutrality repeal | Ars Technica - 0 views

  • The US Senate today voted to reverse the Federal Communications Commission's repeal of net neutrality rules, with all members of the Democratic caucus and three Republicans voting in favor of net neutrality. The Senate approved a Congressional Review Act (CRA) resolution that would simply undo the FCC's December 2017 vote to deregulate the broadband industry. If the CRA is approved by the House and signed by President Trump, Internet service providers would have to continue following rules that prohibit blocking, throttling, and paid prioritization.
  • Democrats face much longer odds in the House, where Republicans hold a 236-193 majority. Republicans have a slim majority in the Senate, but Sen. Susan Collins (R-Maine), Sen. John Kennedy (R-La.), and Sen. Lisa Murkowski (R-Alaska) broke ranks in order to support net neutrality and common carrier regulation of broadband providers. The vote was 52-47.
Paul Merrell

UK Government Approves Net Censorship - British Free Speech Dies | Zero Hedge - 0 views

  • The United Kingdom has become the first Western nation to move ahead with large-scale censorship of the internet, effectively creating regulation that will limit freedom on the last frontier of digital liberty. In a move that has the nation reeling, Prime Minister Boris Johnson has unveiled rules that will punish internet companies with fines, and even imprisonment, if they fail to protect users from “harmful and illegal content.”
  • Couched in language that suggests this is being done to protect children from pedophiles and vulnerable people from cyberbullying, the proposals will place a massive burden on small companies. Further, they will ultimately make it impossible for those not of the pervasive politically correct ideology to produce and share content.
Paul Merrell

Facebook agrees to $650M settlement to end Illinois privacy lawsuit | AppleInsider - 0 views

  • A judge has approved a settlement valued at $650 million from Facebook to end a privacy lawsuit, one which alleged the social network used facial recognition technology on user photos stored on its iPhone app without permission. The lawsuit, which started in April 2015, alleged Facebook did not gain consent from users to use its facial tagging features on their photographs. Originally filed by Chicago attorney Jay Edelson on behalf of plaintiff Carlo Licata, the complaint claimed the consent-less tagging was not allowed under privacy laws in Illinois. The case originated in Cook County Circuit Court before moving to Chicago federal court then California, reports the Chicago Tribune. On reaching California, the lawsuit attained class-action status. The class in question constitutes approximately 6.9 million Facebook users in Illinois that Facebook created and stored a face template for after June 7, 2011. Close to 1.6 million claim forms were filed ahead of the November 23 deadline for joining, making up roughly 22% of potential class members. Facebook went against the Illinois Biometric Information Privacy Act, the complaint alleged, which is among the toughest privacy laws in the United States. Part of the act requires companies to gain permission from users before being able to start using biometric systems with their data, which includes facial recognition systems.
Paul Merrell

Facebook's Zuckerberg Called Out by The BMJ for 'Incompetent' Fact Check on Pfizer Stor... - 1 views

  • The BMJ asked Facebook co-founder Mark Zuckerberg to remove a warning that discourages Facebook users from sharing an article about flaws in Pfizer’s COVID vaccine trial, saying the platform’s “incompetent” fact checkers are unfaily labeling stories as false. In an open letter Friday, The BMJ editors explained how some readers are unable to post its Nov. 2 article on Facebook. Other readers have received pop-up warnings that if they choose to share “false information,” their posts may rank lower in Facebook’s news feed.
  • “We find the ‘fact check’ performed by Lead Stories to be inaccurate, incompetent and irresponsible,” wrote The BMJ editors Fiona Godlee and Kamran Abbasi. “It fails to provide any assertions of fact that The BMJ article got wrong.” The BMJ article last month documented a host of poor practices that may have hurt data integrity and patient safety in the Phase 3 trial for Pfizer’s COVID vaccine. A whistleblower had supplied The BMJ with internal company documents, photos, audio recordings and e-mails from a contract research company overseeing some trial sites. The U.S. Food and Drug Administration declined to inspect the affected sites despite receiving a direct complaint in 2020, The BMJ said. Pfizer’s vaccine, called Comirnaty, received approval in August 2021. “There is also a wider concern that we wish to raise,” The BMJ wrote in its letter to Zuckerberg. “We are aware that The BMJ is not the only high quality information provider to have been affected by the incompetence of Meta’s fact checking regime.”
  • Facebook isn’t Lead Stories’ only client. The company also works for Google, ByteDance (TikTok’s owner) and the Poynter Institute for Media Studies. The fact checker’s stated mission is to “hunt for trending stories, images, videos and posts that contain false information in order to fact check them as quickly as possible.” The BMJ urged Zuckerberg to act swiftly, “specifically to correct the error relating to The BMJ’s article and to review the processes that led to the error; and generally to reconsider your investment in and approach to fact checking overall.”
Paul Merrell

Amazon will pay $62 million over deceptive delivery tips claims - Protocol - The people... - 2 views

  • Amazon will pay almost $62 million to settle allegations by the U.S. Federal Trade Commission that it avoided handing over the full pay and tips it promised to delivery drivers, according to the agency.The company is giving back the amount it kept, according to a complaint released earlier this year by the agency, after it told Amazon Flex drivers and customers in 2015 it would pay $18 to $25 hourly plus tips. Instead, beginning the following year, it used tips to supplement lower base pay rates, and tried to hide the changes, according to the FTC."For a period of over two and a half years, without consumers' permission, Amazon secretly used nearly a third of customer tips to subsidize its own pay to drivers," the FTC had found.Under the 20-year settlement, Amazon will also need consent from drivers to change their pay scheme. All commissioners voted unanimously to approve the settlement.
Paul Merrell

House Committee Passes 'Big Tech' Antitrust Package Despite Lobbying Onslaught | ZeroHedge - 1 views

  • As the DoJ and FTC pursue civil antitrust litigation against some of America's largest tech firms, a House Committee has approved legislation to curb the market dominance of many of these same firms, including Google-owner Alphabet and Facebook. However, according to a report from WSJ, the tech firms targeted by the legislation are ramping up their lobbying efforts, precipitating a pitched battle over the legislation in the Senate.At the core of the six-bill raft of legislation is a measure to bar big tech firms from favoring their own products on their platforms. It was approved by the House committee early Thursday by a vote of 24 to 20.The NYT reported that Apple and other tech giants engaged in aggressive lobbying against the six-bill package, with Apple CEO Tim Cook going so far as to call Speaker Nancy Pelosi and other top lawmakers to warn them against supporting the legislation. Per the NYT, the calls from Cook were "part of a forceful and wide-ranging pushback by the tech industry since the proposals were announced this month. Executives, lobbyists, and more than a dozen think tanks and advocacy groups paid by tech companies have swarmed Capitol offices, called and emailed lawmakers and their staff members, and written letters arguing there will be dire consequences for the industry and the country if the ideas become law."
  • Mirroring the outcome of several EU anti-trust investigations, the legislation, known as the "American Choice and Innovation Online Act," the legislation would prohibit the owners of big platforms (like Amazon's online marketplace) from creating disadvantages for goods and services provided by competitors.
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
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    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

Shaking My Head - Medium - 0 views

  • Last month, at the request of the Department of Justice, the Courts approved changes to the obscure Rule 41 of the Federal Rules of Criminal Procedure, which governs search and seizure. By the nature of this obscure bureaucratic process, these rules become law unless Congress rejects the changes before December 1, 2016.Today I, along with my colleagues Senators Paul from Kentucky, Baldwin from Wisconsin, and Daines and Tester from Montana, am introducing the Stopping Mass Hacking (SMH) Act (bill, summary), a bill to protect millions of law-abiding Americans from a massive expansion of government hacking and surveillance. Join the conversation with #SMHact.
  • For law enforcement to conduct a remote electronic search, they generally need to plant malware in — i.e. hack — a device. These rule changes will allow the government to search millions of computers with the warrant of a single judge. To me, that’s clearly a policy change that’s outside the scope of an “administrative change,” and it is something that Congress should consider. An agency with the record of the Justice Department shouldn’t be able to wave its arms and grant itself entirely new powers.
  • These changes say that if law enforcement doesn’t know where an electronic device is located, a magistrate judge will now have the the authority to issue a warrant to remotely search the device, anywhere in the world. While it may be appropriate to address the issue of allowing a remote electronic search for a device at an unknown location, Congress needs to consider what protections must be in place to protect Americans’ digital security and privacy. This is a new and uncertain area of law, so there needs to be full and careful debate. The ACLU has a thorough discussion of the Fourth Amendment ramifications and the technological questions at issue with these kinds of searches.The second part of the change to Rule 41 would give a magistrate judge the authority to issue a single warrant that would authorize the search of an unlimited number — potentially thousands or millions — of devices, located anywhere in the world. These changes would dramatically expand the government’s hacking and surveillance authority. The American public should understand that these changes won’t just affect criminals: computer security experts and civil liberties advocates say the amendments would also dramatically expand the government’s ability to hack the electronic devices of law-abiding Americans if their devices were affected by a computer attack. Devices will be subject to search if their owners were victims of a botnet attack — so the government will be treating victims of hacking the same way they treat the perpetrators.
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  • As the Center on Democracy and Technology has noted, there are approximately 500 million computers that fall under this rule. The public doesn’t know nearly enough about how law enforcement executes these hacks, and what risks these types of searches will pose. By compromising the computer’s system, the search might leave it open to other attackers or damage the computer they are searching.Don’t take it from me that this will impact your security, read more from security researchers Steven Bellovin, Matt Blaze and Susan Landau.Finally, these changes to Rule 41 would also give some types of electronic searches different, weaker notification requirements than physical searches. Under this new Rule, they are only required to make “reasonable efforts” to notify people that their computers were searched. This raises the possibility of the FBI hacking into a cyber attack victim’s computer and not telling them about it until afterward, if at all.
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