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Gonzalo San Gil, PhD.

Linux Foundation's Deal With the Devil | FOSS Force [# ! Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! Too soon to start blaming the deal. It will be seen what goes on. Community will decide and, in case, perhaps we'll see a 'Fork for Freedom'... # ! Meanwhile, let's wait to see if the deal respects the GPLv3... as Stallman/Moglen commented... http://techrights.org/2015/11/30/redhat-microsoft-patent-agreement-fsf-replies/
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    "Christine Hall Last week when Microsoft and the Linux Foundation separately announced a partnership that would see Redmond issuing a Linux certification called Microsoft Certified Solutions Associate Linux (MCSA), Steven J. Vaughan-Nichols felt the need to add the words "not a typo" to the headline of his coverage on ZDNet."
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    "Christine Hall Last week when Microsoft and the Linux Foundation separately announced a partnership that would see Redmond issuing a Linux certification called Microsoft Certified Solutions Associate Linux (MCSA), Steven J. Vaughan-Nichols felt the need to add the words "not a typo" to the headline of his coverage on ZDNet."
Paul Merrell

German Parliament tells government to strictly limit patents on software - 0 views

  • Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament's decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. "Germany now has to implement this decision in law, to send a strong signal towards Brussels," says Johannes Sommer of BIKT, one of the associations.
Gonzalo San Gil, PhD.

Planet Blue Coat: Mapping Global Censorship and Surveillance ToolsThe Citizen Lab - 2 views

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    [January 15, 2013 Download PDF version. Read The New York Times article associated with this report. The following individuals contributed to this report: Morgan Marquis-Boire (lead technical research) and Jakub Dalek (lead technical research), Sarah McKune (lead legal research), Matthew Carrieri, Masashi Crete-Nishihata, Ron Deibert, Saad Omar Khan, Helmi Noman, John Scott-Railton, and Greg Wiseman. Summary of Key Findings Blue Coat Devices capable of filtering, censorship, and surveillance are being used around the world. During several weeks of scanning and validation that ended in January 2013, we uncovered 61 Blue Coat ProxySG devices and 316 Blue Coat PacketShaper appliances, devices with specific functionality permitting filtering, censorship, and surveillance. ...]
Gonzalo San Gil, PhD.

Time to #Fixcopyright and Free the Panorama Across EU - infojustice - 0 views

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    "[Anna Mazgal, Communia Association, Link (CC-0)] Freedom of panorama is a fundamental element of European cultural heritage and visual history. Rooted in freedom of expression, it allows painters, photographers, filmmakers, journalists and tourists alike to document public spaces, create masterpieces of art and memories of beautiful places, and freely share it with others. Within the Best Case Scenarios for Copyright series we present Portugal as the best example for freedom of panorama. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright - Freedom of Panorama in Portugal legal study. EU, it's time to #fixcopyright!"
Gonzalo San Gil, PhD.

The death of patents and what comes after: Alicia Gibb at TEDxStockholm - YouTube - 0 views

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    "Published on Dec 18, 2012 Alicia Gibb got her start as a technologist from her combination in backgrounds including: informatics and library science, a belief system of freedom of information, inspiration from art and design, and a passion for hardware hacking. Alicia has worked between the crossroads of art and electronics for the past nine years, and has worked for the open source hardware community for the past three. She currently founded and is running the Open Source Hardware Association, an organization to educate and promote building and using open source hardware of all types. In her spare time, Alicia is starting an open source hardware company specific to education. Previous to becoming an advocate and an entrepreneur, Alicia was a researcher and prototyper at Bug Labs where she ran the academic research program and the Test Kitchen, an open R&D Lab. Her projects centered around developing lightweight additions to the BUG platform, as well as a sensor-based data collection modules. She is a member of NYCResistor, co-chair of the Open Hardware Summit, and a member of the advisory board for Linux Journal. She holds a degree in art education, a M.S. in Art History and a M.L.I.S. in Information Science from Pratt Institute. She is self-taught in electronics. Her electronics work has appeared in Wired magazine, IEEE Spectrum, Hackaday and the New York Times. When Alicia is not researching at the crossroads of open technology and innovation she is prototyping artwork that twitches, blinks, and might even be tasty to eat. In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video and live speakers combine to spark deep discussion and connection in a small group. These local, self-organized events are branded TEDx, where x = independently organized TED event. The TED Conference provides general guidance for the TEDx program, but individual
Gonzalo San Gil, PhD.

"Self-Censorship on Facebook Sauvik Das and Adam Kramer - 0 views

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    Abstract We report results from an exploratory analysis examining "last - minute" self - censorship, or content that is filtered after being written, on Facebook. We collected data from 3.9 milion users over 17 days and associate self- censorship behavior with features describing users, their social graph, and the interactions between them. "
Gonzalo San Gil, PhD.

Entire broadband industry seeks immediate halt to Title II classification | Ars Technica - 1 views

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    "by Jon Brodkin - May 1, 2015 8:34 pm UTC Share Tweet 141 Four major trade associations representing broadband providers today asked for an immediate halt to the Federal Communications Commission decision to reclassify the providers as common carriers under Title II of the Communications Act."
Gonzalo San Gil, PhD.

Movie Studios Give 'Pirate' Sites a 24h Shutdown Ultimatum | TorrentFreak - 1 views

    • Gonzalo San Gil, PhD.
       
      # The Loser: The Culture (supposedly 'defended')... # ! :/
    • Gonzalo San Gil, PhD.
       
      # ! Perfect 'Double Income' for minimum work.
    • Gonzalo San Gil, PhD.
       
      # ! 2nd) from the generous governments' subsidies due to 'Industry'continious complaints...
    • Gonzalo San Gil, PhD.
       
      # ! How it is possible that we take 17 (since DMCA) with this…? # ! Bet that everybody in the entertainment -and else- industry are taking profit... # 1st) From the additional promotion that 'free riding supposes, and
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    [ By Ernesto on April 30, 2015 C: 0 Breaking On behalf of the major Hollywood movie studios the Motion Picture Association (MPA) is demanding that pirate site operators shut down within 24 hours, or else. The recent push targets a wide variety of services, including some of the top torrent sites. Thus far, the only casualty appears to be a rather small linking site.]
Gonzalo San Gil, PhD.

What is SPDX? | SPDX - 2 views

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    "The Software Package Data Exchange® (SPDX®) specification is a standard format for communicating the components, licenses and copyrights associated with a software package."
Paul Merrell

Exclusive: U.S. tech industry appeals to Obama to keep hands off encryption | Reuters - 0 views

  • As Washington weighs new cybersecurity steps amid a public backlash over mass surveillance, U.S. tech companies warned President Barack Obama not to weaken increasingly sophisticated encryption systems designed to protect consumers' privacy.In a strongly worded letter to Obama on Monday, two industry associations for major software and hardware companies said, "We are opposed to any policy actions or measures that would undermine encryption as an available and effective tool."The Information Technology Industry Council and the Software and Information Industry Association, representing tech giants, including Apple Inc, Google Inc, Facebook Inc, IBM and Microsoft Corp, fired the latest salvo in what is shaping up to be a long fight over government access into smart phones and other digital devices.
Gonzalo San Gil, PhD.

Why is the New York Times Coverage on Artist Rights So Oddly Inconsistent? | MUSIC * TE... - 0 views

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    "If you read the New York Times Sunday Magazine (which probably means you're over 40 or live inside of the Acela corridor), you may have noticed a story last week titled "The Creative Apocalypse That Wasn't". This piece is another of these "Sky is Rising" type things bankrolled by the Computer & Communications Industry Association, aka Google. I'm not accusing the author of being on anyone's payroll (except perhaps the Times itself…more about that later), but I can't help noticing the similarities."
Paul Merrell

Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
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    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
Gonzalo San Gil, PhD.

Hollywood Seeks Net Neutrality Exceptions to Block Pirates | TorrentFreak [note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! That is: Hollywood imposing local (unfair) laws # ! worldwide. It's sad that a bunch of 'unscrupulous showmen' # ! were able to twist Interntional regulations... # ! just for '#Their' own sake.
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    [ Andy on April 13, 2015 C: 0 Breaking The Motion Picture Association has written to Brazil's Justice Minister seeking exceptions to the country's fledgling "Internet Constitution". In a submission to the government the MPA says that the Marco Civil's current wording on net neutrality deprives courts of the opportunity to order the blocking of 'pirate' sites. ...]
Paul Merrell

Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views

  • Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
  • CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
  • Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
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    From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it.  "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
Gary Edwards

MHTML / MIME HTML - Another Good Microsoft Creation - 0 views

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    MHTML (MIME HTML) which allows all of webpages referenced resources to be downloaded and saved in a single file. This way you can avoid having the manageability problem of many loose files which many browsers produce when you save a web page. This is very useful for archiving webpages to file servers and local disk as well as emailing webpages to people....... An alternative to MHTML would be ZIP containers similar to ODF, OOXML, and XPS. Moving to standardized, containerized files will provide the same benefit of MIME HTML, allowing entire webpages and associated resources to be treated as a single file for better usability.
Gary Edwards

ArsDigita Community System - Wikipedia, the free encyclopedia - 0 views

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    A history of the ArsDigita Community Software System that first introduced the concept of connective Knowledgeware. Today these systems are known as enterprise ready "social networks". The ArsDigita Community System (ACS) was an advanced Open Source toolkit for developing community web applications developed primarily by developers associated with ArsDigita Corporation. The two most current software toolkits based on this codebase are the OpenACS toolkit and the Red Hat CCM.
Gonzalo San Gil, PhD.

Big media fails to turn ISPs into copyright cops | Media Maverick - CNET News - 1 views

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    [Last month marked the second anniversary since the Recording Industry Association of America, the trade group representing the four largest music labels, stopped filing copyright lawsuits against people suspected of illegal file sharing. The RIAA said ISPs would ride in to save the day on illegal file sharing but they've yet to show up. RIAA CEO Mitch Bainwol in a file photo. (Credit: Declan McCullagh/CNET ) At the time, the RIAA said it would seek help in copyright enforcement efforts from Internet service providers, the Web's gatekeepers, which are uniquely positioned to act as copyright cops. ... ]
Gary Edwards

Developing a Universal Markup Solution For Web Content - 0 views

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    KODAXIL To Replace XML?

    File this one under the Universal Interoperability label. Very interesting. Especially since XML document formats have proven to fall short on the two primary expectations of users: interoperability and Web ready. Like HTML+ :) Maybe KODAXIL will work?

    The recent Web 2.0 Conference was filled with new web services , portals and wiki efforts trying their best to mash data into document objects. iCloud, MindTouch, AppLogic, 3Tera, Caspio and Gazoodle all deserve attention. although each took a rather different approach towards solving the problem. MindTouch in particular was excellent.

    "A Montreal-based software and research development company has developed a markup solution and language-neutral asset-descriptor that when fully developed, could result in a universal computer language for representing information in databases, web and document contents and business objects."

    "While still at a seminal stage of development, the company Gnoesis, aims to address the problem of data fragmentation caused by semantic differences between developers and users from different linguistic backgrounds."

    Gnoesis, the company that has developed the language called KODAXIL (Knowledge, Object, Data, Action, and eXtensible Interoperable Language), a data and information representation language, says the new language will replace the XML function of consolidating semantically identical data streams from different languages, by creating a common language to do this.

    The extensible semantic markup associated with this language will be understood worldwide and is three times shorter than XML.
Paul Merrell

Update: Google rolls out semantic search capabilities | InfoWorld | News | 2009-03-24 |... - 0 views

  •   Google has given its Web search engine an injection of semantic technology, as the search leader pushes into what many consider the future of search on the Internet. Oracle White Paper - Nucleus Report: Who's ready for SMB? - read this white paper. getRelatedBoxOne("/article/09/03/24/Google_rolls_out_semantic_search_capabilities_1.html","spBoxOne") The new technology will allow Google's search engine to identify associations and concepts related to a query, improving the list of related search terms Google displays along with its results, the company announced in an official blog on Tuesday.
  • Google has given its Web search engine an injection of semantic technology, as the search leader pushes into what many consider the future of search on the Internet.
  • The new technology will allow Google's search engine to identify associations and concepts related to a query, improving the list of related search terms Google displays along with its results, the company announced in an official blog on Tuesday.
Paul Merrell

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

  • 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.”
  • 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 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.
  • 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 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.”
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