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?”
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In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views
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surveillance state NSA 702 FISA legislation backdoor-serches stats
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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:
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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.”
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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 ....
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Studies on file sharing - La Quadrature du Net - 0 views
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"Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
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"Contents 1 Studies 1.1 Evaluation of the effects of the HADOPI law 1.1.1 University of Delaware and Université de Rennes - 2014 - Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law 1.1.2 M@rsouin - 2010 - Evaluation of the effects of the HADOPI law (FR) 1.2 People who share files are people who spend the more for culture 1.2.1 Munich School of Management and Copenhagen Business School - Piracy and Movie Revenues: Evidence from Megaupload 1.2.2 The American Assembly (Collumbia University) - Copy Culture in the USA and Germany 1.2.3 GFK (Society for Consumer Research) - Disappointed commissioner suppresses study showing pirates are cinema's best consumers 1.2.4 HADOPI - 2011 - January 2011 study on online cultural practices (FR) 1.2.5 University of Amsterdam - 2010 - Economic and cultural effects of unlawful file sharing 1.2.6 BBC - 2009 - "Pirates" spend more on music (FR) 1.2.7 IPSOS Germany - 2009 - Filesharers are better "consumers" of culture (FR) 1.2.8 Frank N. Magid Associates, Inc. - 2009 - P2P / Best consumers for Hollywood (EN) 1.2.9 Business School of Norway - 2009 - Those who share music spend ten times more money on music (NO) 1.2.10 Annelies Huygen, et al. (Dutch government investigation) - 2009 - Ups and downs - Economische en culturele gevolgen van file sharing voor muziek, film en games 1.2.11 M@rsouin - 2008 - P2P / buy more DVDs (FR) 1.2.12 Canadian Department of Industry - 2007 - P2P / achètent plus de musique (FR) 1.2.13 Felix Oberholzer-Gee (above) and Koleman Strumpf - 2004 -File sharing may boost CD sales 1.3 Economical effects of filesharing 1.3.1 University of Kansas School of Business - Using Markets to Measure the Impact of File Sharing o
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shared by Gonzalo San Gil, PhD. on 01 Jun 16
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Tech giants, government struggle with online speech policies | ITworld - 0 views
www.itworld.com/...th-online-speech-policies.html
tech giants government struggle online speech policies hate speech vs free speech censorship manipulation peace politics
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shared by Gonzalo San Gil, PhD. on 28 Apr 12
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UK Open Standards: Time to act - 1 views
fsfe.org/...standards-consultation.en.html
Open Source standard Ree Software public bodies consultation act governments
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[on 2012-04-26 The Cabinet Office is currently conducting an important consultation on Open Standards The question is whether companies offering Free Software will in future have the opportunity to sell their services to the British government. Whether or not British money will continue to be spent on supporting proprietary standards which lock in public bodies, currently hangs in the balance. The Government has already publicly backed away from a strong definition of what an Open Standard is, and current indications are not at all good. On 12 April 2012, the Cabinet Office published an article indicating that it might lean away from freedom and openness, and towards adopting a definition of Open Standards which would exclude Free Software. FSFE is working with the Free Software Foundation, Open Rights Group, Open Source Consortium, Open Forum Europe, the Open Source Initiative and others, to ensure that strong responses are submitted in favour of freedom. However, without the help of individuals like you, our voices risk being drowned out by those corporate interests who want to keep public money tied up in their proprietary products. What you can do ...]
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The Open Web: Next-Generation Standards Support in WebKit/ Safari - 0 views
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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
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RDFa, Drupal and a Practical Semantic Web - 1 views
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CMSWire has a brief explanation of RDFa and why it's important. RDFa is also finding it's way into the Drupal CMS, which could be a game changer. Timothy Berners-Lee vision of a "Semantic Web" where the meaning of content is understood by both humans and machines depends on the emergence of capable information systems that make it transparently easy to add semantic markup. I'm not surprised that Drupal is jumping with both feet.
"... In the march toward creating the semantic web, web content management systems such as Drupal (news, site) and many proprietary vendors struggle with the goal of emitting structured information that other sites and tools can usefully consume. There's a balance to be struck between human and machine utility, not to mention simplicity of instrumentation.
With RDFa (see W3C proposal), software and web developers have the specification they need to know how to structure data in order to lend meaning both to machines and to humans, all in a single file. And from what we've seen recently, the Drupal community is making the best of it.
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European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers | D... - 0 views
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The EU's White Paper on AI: A Thoughtful and Balanced Way Forward - Lawfare - 0 views
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On Feb. 19, the European Commission released a White Paper on Artificial Intelligence outlining its wide-ranging plan to develop artificial intelligence (AI) in Europe. The commission also released a companion European data strategy, aiming to make more data sets available for business and government to promote AI development, along with a report on the safety of AI systems proposing some reforms of the commission’s product liability regime. Initial press reports about the white paper focused on how the commission had stepped back from a proposal in its initial draft for a three- to five-year moratorium on facial recognition technology. But the proposed framework is much more than that: It represents a sensible and thoughtful basis to guide the EU’s consideration of legislation to help direct the development of AI applications, and an important contribution to similar debates going on around the world. The key takeaways are that the EU plans to: Pursue a uniform approach to AI across the EU in order to avoid divergent member state requirements forming barriers to its single market. Take a risk-based, sector-specific approach to regulating AI. Identify in advance high-risk sectors and applications—including facial recognition software. Impose new regulatory requirements and prior assessments to ensure that high-risk AI systems conform to requirements for safety, fairness and data protection before they are released onto the market. Use access to the huge European market as a lever to spread the EU’s approach to AI regulation across the globe.
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Civil society organisations say no to intellectual property in EU - US trade agreement ... - 0 views
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Brussels, 18 March 2013 -- More than 35 European and United States civil society organisations insist that a proposed trade agreement between the EU and the US exclude any provisions related to patents, copyright, trademarks, or other forms of so-called "intellectual property". Such provisions could impede citizens' rights to health, culture, and free expression and otherwise affect their daily lives.
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We, the undersigned, are internet freedom and public health groups, activists, and other public interest leaders dedicated to the rights of all people to access cultural and educational resources and affordable medicines, to enjoy a free and open internet, and to benefit from open and needs-driven innovation. First, we insist that the European Union and United States release, in timely and ongoing fashion, any and all negotiating or pre-negotiation texts. We believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws. Second, we insist that the proposed TAFTA exclude any provisions related to patents, copyright, trademarks, data protection, geographical indications, or other forms of so-called "intellectual property". Such provisions could impede our rights to health, culture, and free expression and otherwise affect our daily lives.
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The civil society organisations also insist that the EU and US will release the negotiating texts of the trade agreement they intend to negotiate. They believe that secretive "trade" negotiations are absolutely unacceptable forums for devising binding rules that change national non-trade laws.
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Past trade agreements negotiated by the US and EU have significantly increased the privileges of multinational corporations at the expense of society in general. Provisions in these agreements can, among many other concerns, limit free speech, constrain access to educational materials such as textbooks and academic journals, and, in the case of medicines, raise healthcare costs and contribute to preventable suffering and death. Unless "intellectual property" is excluded from these talks, we fear that the outcome will be an agreement that inflicts the worst of both regimes’ rules on the other party. From a democratic perspective, we believe that important rules governing technology, health, and culture should be debated in the US Congress, the European Parliament, national parliaments, and other transparent forums where all stakeholders can be heard—not in closed negotiations that give privileged access to corporate insiders. The TAFTA negotiations must not lead to a rewriting of patent and copyright rules in a way that tilts the balance even further away from the interests of citizens.
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shared by Gonzalo San Gil, PhD. on 02 Nov 16
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Net Neutrality: BEREC on the Right Path, Let's Keep the Pressure on | La Quadrature du Net - 0 views
www.laquadrature.net/...t-Path-Keep-the-Pressure-on%20
BEREC Net Neutrality right way but let's keep pressure citizens technology balance democracy speeds
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shared by Gonzalo San Gil, PhD. on 20 Sep 16
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Nashville Council Member Admits AT&T & Comcast Wrote The Anti-Google Fiber Bill She Sub... - 1 views
www.techdirt.com/...fiber-bill-she-submitted.shtml
nashville council member operators Servces provders Comcast AT&T vs. Google fiber wrte bill lobby kills democracy balance justice telecommunications
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"from the hired-marionettes dept We've been talking about how the next great battlefield in broadband is utility pole attachment reform. In many cities, the incumbent broadband provider owns the utility poles, giving them a perfect opportunity to hinder competitors. In other cities, the local utility or city itself owns the poles, but incumbent ISPs have lobbied for laws making it more difficult for competitors to access them quickly and inexpensively. "
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US judge slams surveillance requests as "repugnant to the Fourth Amendment" - World Soc... - 0 views
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Federal Magistrate Judge John M. Facciola denied a US government request earlier this month for a search and seizure warrant, targeting electronic data stored on Apple Inc. property. Facciola’s order, issued on March 7, 2014, rejected what it described as only the latest in a series of “overbroad search and seizure requests,” and “unconstitutional warrant applications” submitted by the US government to the US District Court for the District of Columbia. Facciola referred to the virtually unlimited warrant request submitted by the Justice Department as “repugnant to the Fourth Amendment.” The surveillance request sought information in relation to a “kickback investigation” of a defense contractor, details about which remain secret. It is significant, however, that the surveillance request denied by Facciola relates to a criminal investigation, unrelated to terrorism. This demonstrates that the use by the Obama administration of blanket warrants enabling them to seize all information on a person's Internet accounts is not limited to terrorism, as is frequently claimed, but is part of a program of general mass illegal spying on the American people.
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Facciola’s ruling states in no uncertain terms that the Obama administration has aggressively and repeatedly sought expansive, unconstitutional warrants, ignoring the court’s insistence for specific, narrowly targeted surveillance requests. “The government continues to submit overly broad warrants and makes no effort to balance the law enforcement interest against the obvious expectation of privacy email account holders have in their communications…The government continues to ask for all electronically stored information in email accounts, irrespective of the relevance to the investigation,” wrote Judge Facciola. As stated in the ruling, the surveillance requests submitted to the court by the US government sought the following comprehensive, virtually limitless list of information about the target: “All records or other information stored by an individual using each account, including address books, contact and buddy lists, pictures, and files… All records or other information regarding the identification of the accounts, to include full name, physical address, telephone numbers and other identifies, records of session times and durations, the date on which each account was created, the length of service, the types of service utilized, the Internet Protocol (IP) address used to register each account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means of payment (including any credit or bank account number).”
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Responding to these all-encompassing warrant requests, Judge Facciola ruled that evidence of probable cause was necessary for each specific item sought by the government. “This Court is increasingly concerned about the government’s applications for search warrants for electronic data. In essence, its applications ask for the entire universe of information tied to a particular account, even if it has established probable cause only for certain information,” Facciola wrote. “It is the Court’s duty to reject any applications for search warrants where the standard of probable cause has not been met… To follow the dictates of the Fourth Amendment and to avoid issuing a general warrant, a court must be careful to ensure that probable cause exists to seize each item specified in the warrant application… Any search of an electronic source has the potential to unearth tens or hundreds of thousands of individual documents, pictures, movies, or other constitutionally protected content.” Facciola also noted in the ruling that the government never reported the length of time it would keep the data, or whether it planned to destroy the data at any point.
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Facciola’s ruling represents a reversal from a previous ruling, in which a Kansas judge allowed the government to conduct such unlimited searches of Yahoo accounts.
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In testimony, De and his deputy Brad Wiegmann rejected the privacy board’s advice that the agency limit its data mining to specific targets approved by specific warrants. “If you have to go back to court every time you look at the information in your custody, you can imagine that would be quite burdensome,” said Wiegmann. De further said on the topic, “That information is at the government’s disposal to review in the first instance.” As these statements indicate, the intelligence establishment rejects any restrictions on their prerogative to spy on every aspect of citizens lives at will, even the entirely cosmetic regulations proposed by the Obama administration-appointed PCLOB.
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shared by Paul Merrell on 06 Aug 13
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Surveillance scandal rips through hacker community | Security & Privacy - CNET News - 0 views
news.cnet.com/...-rips-through-hacker-community
surveillance state NSA NSA-blowback cloud computing mobile devices privacy
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One security start-up that had an encounter with the FBI was Wickr, a privacy-forward text messaging app for the iPhone with an Android version in private beta. Wickr's co-founder Nico Sell told CNET at Defcon, "Wickr has been approached by the FBI and asked for a backdoor. We said, 'No.'" The mistrust runs deep. "Even if [the NSA] stood up tomorrow and said that [they] have eliminated these programs," said Marlinspike, "How could we believe them? How can we believe that anything they say is true?" Where does security innovation go next? The immediate future of information security innovation most likely lies in software that provides an existing service but with heightened privacy protections, such as webmail that doesn't mine you for personal data.
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Wickr's Sell thinks that her company has hit upon a privacy innovation that a few others are also doing, but many will soon follow: the company itself doesn't store user data. "[The FBI] would have to force us to build a new app. With the current app there's no way," she said, that they could incorporate backdoor access to Wickr users' texts or metadata. "Even if you trust the NSA 100 percent that they're going to use [your data] correctly," Sell said, "Do you trust that they're going to be able to keep it safe from hackers? What if somebody gets that database and posts it online?" To that end, she said, people will start seeing privacy innovation for services that don't currently provide it. Calling it "social networks 2.0," she said that social network competitors will arise that do a better job of protecting their customer's privacy and predicted that some that succeed will do so because of their emphasis on privacy. Abine's recent MaskMe browser add-on and mobile app for creating disposable e-mail addresses, phone numbers, and credit cards is another example of a service that doesn't have access to its own users' data.
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The issue with balancing privacy and surveillance is that the wireless carriers are not interested in privacy, he said. "They've been providing wiretapping for 100 years. Apple may in the next year protect voice calls," he said, and said that the best hope for ending widespread government surveillance will be the makers of mobile operating systems like Apple and Google. Not all upcoming security innovation will be focused on that kind of privacy protection. Security researcher Brandon Wiley showed off at Defcon a protocol he calls Dust that can obfuscate different kinds of network traffic, with the end goal of preventing censorship. "I only make products about letting you say what you want to say anywhere in the world," such as content critical of governments, he said. Encryption can hide the specifics of the traffic, but some governments have figured out that they can simply block all encrypted traffic, he said. The Dust protocol would change that, he said, making it hard to tell the difference between encrypted and unencrypted traffic. It's hard to build encryption into pre-existing products, Wiley said. "I think people are going to make easy-to-use, encrypted apps, and that's going to be the future."
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Stamos predicted changes in services that companies with cloud storage offer, including offering customers the ability to store their data outside of the U.S. "If they want to stay competitive, they're going to have to," he said. But, he cautioned, "It's impossible to do a cloud-based ad supported service." Soghoian added, "The only way to keep a service running is to pay them money." This, he said, is going to give rise to a new wave of ad-free, privacy protective subscription services.
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Companies could face severe consequences from their security experts, said Stamos, if the in-house experts find out that they've been lied to about providing government access to customer data. You could see "lots of resignations and maybe publicly," he said. "It wouldn't hurt their reputations to go out in a blaze of glory." Perhaps not surprisingly, Marlinspike sounded a hopeful call for non-destructive activism on Defcon's 21st anniversary. "As hackers, we don't have a lot of influence on policy. I hope that's something that we can focus our energy on," he said.
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shared by Paul Merrell on 03 Dec 13
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The Government's Secret Plan to Shut Off Cellphones and the Internet, Explained | Conne... - 1 views
billmoyers.com/...nes-and-the-internet-explained
cyberwar internet-kill-switch cellphone-kill-switch DHS litigation FOIA
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This month, the United States District Court for the District of Columbia ruled that the Department of Homeland Security must make its plan to shut off the Internet and cellphone communications available to the American public. You, of course, may now be thinking: What plan?! Though President Barack Obama swiftly disapproved of ousted Egyptian President Hosni Mubarak turning off the Internet in his country (to quell widespread civil disobedience) in 2011, the US government has the authority to do the same sort of thing, under a plan that was devised during the George W. Bush administration. Many details of the government’s controversial “kill switch” authority have been classified, such as the conditions under which it can be implemented and how the switch can be used. But thanks to a Freedom of Information Act lawsuit filed by the Electronic Privacy Information Center (EPIC), DHS has to reveal those details by December 12 — or mount an appeal. (The smart betting is on an appeal, since DHS has fought to release this information so far.) Yet here’s what we do know about the government’s “kill switch” plan:
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What are the constitutional problems? Civil liberties advocates argue that kill switches violate the First Amendment and pose a problem because they aren’t subject to rigorous judicial and congressional oversight. “There is no court in the loop at all, at any stage in the SOP 303 process,” according to the Center for Democracy and Technology. ”The executive branch, untethered by the checks and balances of court oversight, clear instruction from Congress, or transparency to the public, is free to act as it will and in secret.” David Jacobs of EPIC says, “Cutting off communications imposes a prior restraint on speech, so the First Amendment imposes the strictest of limitations…We don’t know how DHS thinks [the kill switch] is consistent with the First Amendment.” He adds, “Such a policy, unbounded by clear rules and oversight, just invites abuse.”
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shared by Gonzalo San Gil, PhD. on 09 Apr 14
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Reset the Net to Shut Off NSA Spying | PopularResistance.Org, June 5th - 1 views
www.popularresistance.org/the-net-to-shut-off-nsa-spying
June 5th reset net against nsa spying for Internet freedom world democracy balance Progress
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"Everyone has a role to play. If you're a developer, promise to add one new surveillance-resistant feature to your app or website, and announce it on June 5th. If you're an Internet user, promise to try out one new privacy tool that directly confronts mass surveillance. We'll have an epic and definitive list for you to choose from. Then tell your friends to get protected too. If you have a website or Tumblr, get the Internet Defense League code installed and display the Reset the Net message on June 5th to help educate and rally Internet users worldwide to defend themselves from dragnet surveillance."
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Can C.E.O. Satya Nadella Save Microsoft? | Vanity Fair - 0 views
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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.
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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.
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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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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.
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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.
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“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.
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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.
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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.”
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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.”
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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.
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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!”
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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.”
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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.
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“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.
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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.
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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.
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“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.”
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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.”
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USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views
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After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
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However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
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“While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
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The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
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shared by Gonzalo San Gil, PhD. on 03 May 15
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Si los tratados de libre comercio son beneficiosos, ¿Por qué es tan difícil a... - 0 views
lat.wsj.com/...803823480504580613002480290006
tratados treaties libre comercio free trade beneficio quién dificultad balanc empresas personas
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"El desafío es el siguiente: décadas de liberalización comercial han disminuido tanto los beneficios como los perjuicios económicos en el caso de economías grandes y abiertas como la de EE.UU. No obstante, los malos recuerdos siguen presentes en la memoria del público y muchos legisladores estadounidenses, lo que entorpece la aprobación de pactos de libre comercio. "