Group items tagged been - Future of the Web

New open-source router firmware opens your Wi-Fi network to strangers | Ars Technica - 0 views

arstechnica.com/...our-wi-fi-network-to-strangers

open-wireless routers EFF

shared by Paul Merrell on 24 Jun 14 - No Cached

We’ve often heard security folks explain their belief that one of the best ways to protect Web privacy and security on one's home turf is to lock down one's private Wi-Fi network with a strong password. But a coalition of advocacy organizations is calling such conventional wisdom into question. Members of the “Open Wireless Movement,” including the Electronic Frontier Foundation (EFF), Free Press, Mozilla, and Fight for the Future are advocating that we open up our Wi-Fi private networks (or at least a small slice of our available bandwidth) to strangers. They claim that such a random act of kindness can actually make us safer online while simultaneously facilitating a better allocation of finite broadband resources. The OpenWireless.org website explains the group’s initiative. “We are aiming to build technologies that would make it easy for Internet subscribers to portion off their wireless networks for guests and the public while maintaining security, protecting privacy, and preserving quality of access," its mission statement reads. "And we are working to debunk myths (and confront truths) about open wireless while creating technologies and legal precedent to ensure it is safe, private, and legal to open your network.”
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One such technology, which EFF plans to unveil at the Hackers on Planet Earth (HOPE X) conference next month, is open-sourced router firmware called Open Wireless Router. This firmware would enable individuals to share a portion of their Wi-Fi networks with anyone nearby, password-free, as Adi Kamdar, an EFF activist, told Ars on Friday. Home network sharing tools are not new, and the EFF has been touting the benefits of open-sourcing Web connections for years, but Kamdar believes this new tool marks the second phase in the open wireless initiative. Unlike previous tools, he claims, EFF’s software will be free for all, will not require any sort of registration, and will actually make surfing the Web safer and more efficient.
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Kamdar said that the new firmware utilizes smart technologies that prioritize the network owner's traffic over others', so good samaritans won't have to wait for Netflix to load because of strangers using their home networks. What's more, he said, "every connection is walled off from all other connections," so as to decrease the risk of unwanted snooping. Additionally, EFF hopes that opening one’s Wi-Fi network will, in the long run, make it more difficult to tie an IP address to an individual. “From a legal perspective, we have been trying to tackle this idea that law enforcement and certain bad plaintiffs have been pushing, that your IP address is tied to your identity. Your identity is not your IP address. You shouldn't be targeted by a copyright troll just because they know your IP address," said Kamdar.
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While the EFF firmware will initially be compatible with only one specific router, the organization would like to eventually make it compatible with other routers and even, perhaps, develop its own router. “We noticed that router software, in general, is pretty insecure and inefficient," Kamdar said. “There are a few major players in the router space. Even though various flaws have been exposed, there have not been many fixes.”
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Internet Giants Erect Barriers to Spy Agencies - NYTimes.com - 0 views

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

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

shared by Paul Merrell on 08 Jun 14 - No Cached

As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.
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After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers. Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.
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A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.
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Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.“I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.“No hard feelings, but my job is to make their job hard,” he added.
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In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.Continue reading the main story Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.
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Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.
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Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.
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Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
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In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”
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Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.
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The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”
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The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached

The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
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In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
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Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
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The Opportunity of the Commons
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As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
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While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
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Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
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Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
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Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
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Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
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But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
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Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
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In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
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This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
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Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
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Reforming the Patent System
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This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
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Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
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Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
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What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
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Gary Edwards on 13 Sep 14

"Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "

<div class="cArrow"> </div><div class="cContentInner">"Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "</div>

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Paul Merrell on 14 Sep 14

I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.

<div class="cArrow"> </div><div class="cContentInner">I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.</div>

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Protocols of the Hackers of Zion? « LobeLog - 0 views

www.lobelog.com/otocols-of-the-hackers-of-zion

surveillance state Israel cyber-spying Iran-negotiations

shared by Paul Merrell on 12 Jun 15 - No Cached

When Israeli Prime Minister Benjamin Netanyahu met with Google chairman Eric Schmidt on Tuesday afternoon, he boasted about Israel’s “robust hi-tech and cyber industries.” According to The Jerusalem Post, “Netanyahu also noted that ‘Israel was making great efforts to diversify the markets with which it is trading in the technological field.'” Just how diversified and developed Israeli hi-tech innovation has become was revealed the very next morning, when the Russian cyber-security firm Kaspersky Labs, which claims more than 400 million users internationally, announced that sophisticated spyware with the hallmarks of Israeli origin (although no country was explicitly identified) had targeted three European hotels that had been venues for negotiations over Iran’s nuclear program.
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Wednesday’s Wall Street Journal, one of the first news sources to break the story, reported that Kaspersky itself had been hacked by malware whose code was remarkably similar to that of a virus attributed to Israel. Code-named “Duqu” because it used the letters DQ in the names of the files it created, the malware had first been detected in 2011. On Thursday, Symantec, another cyber-security firm, announced it too had discovered Duqu 2 on its global network, striking undisclosed telecommunication sites in Europe, North Africa, Hong Kong, and  Southeast Asia. It said that Duqu 2 is much more difficult to detect that its predecessor because it lives exclusively in the memory of the computers it infects, rather than writing files to a drive or disk. The original Duqu shared coding with — and was written on the same platform as — Stuxnet, the computer worm  that partially disabled enrichment centrifuges in Iranian nuclear power plants, according to a 2012 report in The New York Times. Intelligence and military experts said that Stuxnet was first tested at Dimona, a nuclear-reactor complex in the Negev desert that houses Israel’s own clandestine nuclear weapons program. While Stuxnet is widely believed to have been a joint Israeli-U.S. operation, Israel seems to have developed and implemented Duqu on its own.
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Coding of the spyware that targeted two Swiss hotels and one in Vienna—both sites where talks were held between the P5+1 and Iran—so closely resembled that of Duqu that Kaspersky has dubbed it “Duqu 2.” A Kaspersky report contends that the new and improved Duqu would have been almost impossible to create without access to the original Duqu code. Duqu 2’s one hundred “modules” enabled the cyber attackers to commandeer infected computers, compress video feeds  (including those from hotel surveillance cameras), monitor and disrupt telephone service and Wi-Fi, and steal electronic files. The hackers’ penetration of computers used by the front desk would have allowed them to determine the room numbers of negotiators and delegation members. Duqu 2 also gave the hackers the ability to operate two-way microphones in the hotels’ elevators and control their alarm systems.
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Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

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

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached

Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
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Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
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Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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“We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
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But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
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“For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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Paul Merrell on 06 Oct 15

Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion. Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies. The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S. The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations. The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons." Thank you again, Edward Snowden.

<div class="cArrow"> </div><div class="cContentInner">Another take on it from EFF: <a href="https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance" rel="nofollow" target="_blank">https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance</a> Expected since the Court's Advocate General released an opinion last week, presaging today's opinion. Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies. The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S. The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations. The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons." Thank you again, Edward Snowden. </div>

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

www.globalresearch.ca/...5385860

transparency whistle-blowers resources ExposeFacts.org

shared by Paul Merrell on 07 Jun 14 - No Cached

Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
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Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
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The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
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Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
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Paul Merrell on 07 Jun 14

While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance. Hurrah!

<div class="cArrow"> </div><div class="cContentInner">While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance. Hurrah!</div>

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

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

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached

The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
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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.”
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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.”
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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. ”
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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.
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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.”
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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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Should you buy enterprise applications from a startup? - 0 views

www.computerworld.com/...plications-from-a-startup.html

wordSDK

shared by Gary Edwards on 04 Sep 14 - No Cached

The biggest advantage of startups, in Mueller's opinion? "They have no technical historical burden, and they don't care about many technical dependencies. They deliver easy-to-use technology with relatively simple but powerful integration options."
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"The model we've used to buy on-premises software for 20-plus years is shifting," insists Laping. "There are new ways of selecting and vetting partners."
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Part of that shift is simple: The business side sees what technology can do, and it's banging on IT's door, demanding ... what? Not new drop-down menus in the same-old ERP application, but rather state-of-the-art, cutting-edge, ain't-that-cool innovation. The landscape is wide open: Innovation can come in the form of new technologies, such as the Internet of Things, or from mobility, the cloud, virtualization -- in fact, from anywhere an enterprise vendor isn't filling a need. The easiest place to find that? Startups.
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"The number one reason to consider a startup is that the current landscape of Magic Quadrant vendors is not serving a critical need. That's a problem."
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Ravi Belani is managing partner at Alchemist Accelerator, a Palo Alto, Calif.-based venture-backed initiative focused on accelerating startups whose revenue comes from enterprises rather than consumers. He says, "The innovation that used to come out of big software houses isn't there anymore, while the pace of innovation in technology is accelerating."
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He acknowledges that there has been a longtime concern with startups about the ability of their applications to scale, but given startups' ability to build their software on robust infrastructure platforms using IaaS or PaaS, and then deploy them via SaaS, "scalability isn't as big a deal as it used it be. It costs $50,000 today to do what you needed $50 million to do ten years ago. That means it takes less capital today to create the same innovation. Ten years ago, that was a moat, a barrier to entry, but software vendors don't own that moat anymore."
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he confluence of offshore programming, open source technologies and cloud-based infrastructures has significantly lowered the barriers to entry of launching a new venture -- not to mention all those newly minted tech millionaires willing to be angel investors.
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"In the new paradigm, [most software] implementations are so much shorter, you don't have to think about that risk. You're not talking about three years and $20 million. You're talking about 75 days and $50,000. You implement little modules and get big wins along the way."
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Gary Edwards on 04 Sep 14

"The idea of buying an enterprise application from a startup company might sound like anathema to a CIO. But Chris Laping, CIO of restaurant chain Red Robin, based in Greenwood Village, Colo., disagrees. He believes we're in the middle of a significant shift that favors startups -- moving from huge applications with extensive features to task-based activities, inspired by the apps running on mobile devices. Featured Resource Presented by Scribe Software 10 Best Practices for Integrating Data Data integration is often underestimated and poorly implemented, taking time and resources. Yet it Learn More Mirco Mueller concurs. He is an IT architect for St. Gallen, Switzerland-based Helvetia Swiss Life Insurance Co., which -- having been founded in 1858 -- is about as far from a startup as possible. He recently chose a SaaS tool from an unnamed startup over what he calls "a much more powerful but much more complex alternative. Its list of features is shorter than the feature list of the big companies, but in terms of agility, flexibility, ease of use and adjustable business model, it beat" all of its competitors. The biggest advantage of startups, in Mueller's opinion? "They have no technical historical burden, and they don't care about many technical dependencies. They deliver easy-to-use technology with relatively simple but powerful integration options." There's certainly no lack of applications available from new players. At a recent conference focusing on innovation, Microsoft Ventures principal Daniel Sumner noted that every month for the last 88 months, there's been a $1 billion valuation for one startup or another. That's seven years and counting. But as Silicon Valley skeptics like to point out, those are the ones you hear about. For every successful startup, there are at least three that fail, according to 2012 research by Harvard Business School professor Shikhar Ghosh. So why, then, would CIOs in their right mind take the risk of buying enterprise applic

<div class="cArrow"> </div><div class="cContentInner">"The idea of buying an enterprise application from a startup company might sound like anathema to a CIO. But Chris Laping, CIO of restaurant chain Red Robin, based in Greenwood Village, Colo., disagrees. He believes we're in the middle of a significant shift that favors startups -- moving from huge applications with extensive features to task-based activities, inspired by the apps running on mobile devices. Featured Resource Presented by Scribe Software 10 Best Practices for Integrating Data Data integration is often underestimated and poorly implemented, taking time and resources. Yet it Learn More Mirco Mueller concurs. He is an IT architect for St. Gallen, Switzerland-based Helvetia Swiss Life Insurance Co., which -- having been founded in 1858 -- is about as far from a startup as possible. He recently chose a SaaS tool from an unnamed startup over what he calls "a much more powerful but much more complex alternative. Its list of features is shorter than the feature list of the big companies, but in terms of agility, flexibility, ease of use and adjustable business model, it beat" all of its competitors. The biggest advantage of startups, in Mueller's opinion? "They have no technical historical burden, and they don't care about many technical dependencies. They deliver easy-to-use technology with relatively simple but powerful integration options." There's certainly no lack of applications available from new players. At a recent conference focusing on innovation, Microsoft Ventures principal Daniel Sumner noted that every month for the last 88 months, there's been a $1 billion valuation for one startup or another. That's seven years and counting. But as Silicon Valley skeptics like to point out, those are the ones you hear about. For every successful startup, there are at least three that fail, according to 2012 research by Harvard Business School professor Shikhar Ghosh. So why, then, would CIOs in their right mind take the risk of buying enterprise applic</div>

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After Brit spies 'snoop' on families' lawyers, UK govt admits: We flouted human rights ... - 0 views

www.theregister.co.uk/...uk_spies_on_lawyers

surveillance state GCHQ MI5 lawyer-client-communications

shared by Paul Merrell on 15 Mar 15 - No Cached

The British government has admitted that its practice of spying on confidential communications between lawyers and their clients was a breach of the European Convention on Human Rights (ECHR). Details of the controversial snooping emerged in November: lawyers suing Blighty over its rendition of two Libyan families to be tortured by the late and unlamented Gaddafi regime claimed Her Majesty's own lawyers seemed to have access to the defense team's emails. The families' briefs asked for a probe by the secretive Investigatory Powers Tribunal (IPT), a move that led to Wednesday's admission. "The concession the government has made today relates to the agencies' policies and procedures governing the handling of legally privileged communications and whether they are compatible with the ECHR," a government spokesman said in a statement to the media, via the Press Association. "In view of recent IPT judgments, we acknowledge that the policies applied since 2010 have not fully met the requirements of the ECHR, specifically Article 8. This includes a requirement that safeguards are made sufficiently public."
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The guidelines revealed by the investigation showed that MI5 – which handles the UK's domestic security – had free reign to spy on highly private and sensitive lawyer-client conversations between April 2011 and January 2014. MI6, which handles foreign intelligence, had no rules on the matter either until 2011, and even those were considered void if "extremists" were involved. Britain's answer to the NSA, GCHQ, had rules against such spying, but they too were relaxed in 2011. "By allowing the intelligence agencies free rein to spy on communications between lawyers and their clients, the Government has endangered the fundamental British right to a fair trial," said Cori Crider, a director at the non-profit Reprieve and one of the lawyers for the Libyan families. "For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years."
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Crider said it now seemed probable that UK snoopers had been listening in on the communications over the Libyan case. The British government hasn't admitted guilt, but it has at least acknowledged that it was doing something wrong – sort of. "It does not mean that there was any deliberate wrongdoing on the part of the security and intelligence agencies, which have always taken their obligation to protect legally privileged material extremely seriously," the government spokesman said. "Nor does it mean that any of the agencies' activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings. The agencies will now work with the independent Interception of Communications Commissioner to ensure their policies satisfy all of the UK's human rights obligations." So that's all right, then.
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Paul Merrell on 15 Mar 15

If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action.

<div class="cArrow"> </div><div class="cContentInner">If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action. </div>

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Securus, that phone tracking company, has reportedly been hacked - CNET - 0 views

www.cnet.com/...securus-reportedly-hacked

shared by Paul Merrell on 16 Jun 18 - No Cached

That didn't take long. Securus -- you know, that company that lets cops track phones in real time with what amounts to a "pinky promise," according to US Sen. Ron Wyden -- has reportedly been hacked.The hacker, according to Motherboard, was able to get away with, at a minimum, a spreadsheet containing 2,800 logins and poorly encrypted passwords, some of which had already been cracked. Motherboard says it tested a number of logins to corroborate the hacker's story.Securus on Friday confirmed in a statement that "a subset of certain non-consumer administrative user account information (e.g., usernames, email addresses, and phone numbers) had been unlawfully accessed" and said it's launched an investigation into the breach. It's found no evidence that the breach is related to its location-based services, but it's disabled location-based data in the meantime "in an abundance of caution."Last Thursday, The New York Times revealed that Securus Technologies, which monitors calls to US prison inmates, has been used by a former Missouri sheriff to monitor people's phones and track their location. Wyden has called on federal authorities to investigate the company and its practices as they relate to people's privacy.
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In Response To Growing Protests, EU Pulls Corporate Sovereignty Chapter From TAFTA/TTIP... - 0 views

www.techdirt.com/...ttip-public-consultation.shtml

response growing protests sovereignty chapter public consultation pull push participate

shared by Gonzalo San Gil, PhD. on 22 Jan 14 - No Cached

Gonzalo San Gil, PhD. on 22 Jan 14

"from the more-of-this,-please dept Here on Techdirt, we've been writing about the dangers of corporate sovereignty for a while. In recent months, more and more people and organizations have pointed out that the plan to include an investor-state dispute settlement (ISDS) in the TAFTA/TTIP agreement currently being negotiated is fraught with dangers -- and also completely unnecessary given the fair and efficient legal systems that exist on both sides of the Atlantic. It seems that this chorus of disapproval has finally been noticed, in Brussels at least: "

<div class="cArrow"> </div><div class="cContentInner">"from the more-of-this,-please dept Here on Techdirt, we've been writing about the dangers of corporate sovereignty for a while. In recent months, more and more people and organizations have pointed out that the plan to include an investor-state dispute settlement (ISDS) in the TAFTA/TTIP agreement currently being negotiated is fraught with dangers -- and also completely unnecessary given the fair and efficient legal systems that exist on both sides of the Atlantic. It seems that this chorus of disapproval has finally been noticed, in Brussels at least: "</div>

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Latest Leak Shows NSA Engaging In Economic Espionage -- Not Fighting Terrorism | Techdirt - 0 views

www.techdirt.com/...e-not-fighting-terrorism.shtml

leak shows NSA engagement espionage commercial industril not fighting terrorism

shared by Gonzalo San Gil, PhD. on 10 Sep 13 - No Cached

Gonzalo San Gil, PhD. on 10 Sep 13

"As more and more information about the NSA's global surveillance capabilities emerges through leaks of material obtained by Edward Snowden, the US authorities have been playing the terrorist card heavily. That is, they concede that they have been spying on pretty much everyone, but claim that it was only to fight terrorism, and thus to save lives. In particular, the NSA insists it is not spying on anyone for the purposes of industrial espionage -- here's what it wrote in an email to the Washington Post on the subject just a couple of weeks ago: "

<div class="cArrow"> </div><div class="cContentInner">"As more and more information about the NSA's global surveillance capabilities emerges through leaks of material obtained by Edward Snowden, the US authorities have been playing the terrorist card heavily. That is, they concede that they have been spying on pretty much everyone, but claim that it was only to fight terrorism, and thus to save lives. In particular, the NSA insists it is not spying on anyone for the purposes of industrial espionage -- here's what it wrote in an email to the Washington Post on the subject just a couple of weeks ago: "</div>

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Theresa May warns Yahoo that its move to Dublin is a security worry | Technology | The ... - 0 views

www.theguardian.com/...ay-yahoo-dublin-security-worry

surveillance state Yahoo! Ireland GCHQ NSA-blowback

shared by Paul Merrell on 22 Mar 14 - No Cached

Theresa May summoned the internet giant Yahoo for an urgent meeting on Thursday to raise security concerns after the company announced plans to move to Dublin where it is beyond the reach of Britain's surveillance laws.By making the Irish capital rather than London the centre of its European, Middle East and Africa operations, Yahoo cannot be forced to hand over information demanded by Scotland Yard and the intelligence agencies through "warrants" issued under Britain's controversial anti-terror laws.Yahoo has had longstanding concerns about securing the privacy of its hundreds of millions of users – anxieties that have been heightened in recent months by revelations from the whistleblower Edward Snowden.
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In February, the Guardian revealed that Britain's eavesdropping centre GCHQ intercepted and stored the images of millions of people using Yahoo webcams, regardless of whether they were suspects. The data included a large quantity of sexually explicit pictures.The company said this represented "a whole new level of violation of our users' privacy".The home secretary called the meeting with Yahoo to express the fears of Britain's counter-terrorism investigators. They can force companies based in the UK to provide information on their servers by seeking warrants under the Regulation of Investigatory Powers Act, 2000 (Ripa).
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the Guardian has been told that Charles Farr, the head of the office for security and counter-terrorism (OSCT) within the Home Office, has been pressing May to talk to Yahoo because of anxiety in Scotland Yard's counter-terrorism command about the effect the move to Dublin could have on their inquiries.Farr, a former senior intelligence officer, coordinates the work of Scotland Yard and the security service MI5, to prevent terrorist attacks in the UK."There are concerns in the Home Office about how Ripa will apply to Yahoo once it has moved its headquarters to Dublin," said a Whitehall source. "The home secretary asked to see officials from Yahoo because in Dublin they don't have equivalent laws to Ripa. This could particularly affect investigations led by Scotland Yard and the national crime agency. They regard this as a very serious issue."
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The move to make Dublin the centre of its headquarters for Europe, the Middle East and Africa (EMEA) was announced last month and will take effect from Friday.In a statement at the time, Yahoo said Dublin was a natural home for the company and that it would be incorporated into Irish laws.The firm insisted the move was driven by "business needs … we believe it is in the best interest of our users. Dublin is already the European home to many of the world's leading global technology brands."However, the firm has been horrified by some of the surveillance programmes revealed by Snowden and is understood to be relieved that it will be beyond the immediate reach of UK surveillance laws.
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Following the Guardian's disclosures about snooping on Yahoo webcams, the company said it was "committed to preserving our users trust and security and continue our efforts to expand encryption across all of our services." It said GCHQ's activity was "completely unacceptable..we strongly call on the world's governments to reform surveillance law."Explaining the move to Dublin, the company said: "The principal change is that Yahoo EMEA, as the new provider of services to our European users, will replace Yahoo UK Ltd as the data controller responsible for handling your personal information. Yahoo EMEA will be responsible for complying with Irish privacy and data protection laws, which are based on the European data protection directive."Emma Carr, deputy director of Big Brother Watch, said: "It should not come as a surprise if companies concerned about maintaining their users' trust to hold their information start to move to countries with more rigorous oversight processes, particularly where courts oversee requests for information." Surveillance laws have a direct impact on our economy and Yahoo's decision should be ring an alarm in Parliament that ignoring the serious questions about surveillance that are being debated around the world will only harm Britain's digital economy."
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From Friday, investigators may have to seek information by using a more drawn out process of approaching Yahoo through a Mutual Legal Assistance Treaty between Ireland and the UK.
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Guide to Creative Commons » OAPEN-UK - 1 views

oapen-uk.jiscebooks.org/ccguide

creative commons guide copyleft

shared by Gonzalo San Gil, PhD. on 19 Sep 13 - No Cached

Gonzalo San Gil, PhD. on 19 Sep 13

"An output of the OAPEN-UK project, this guide explores concerns expressed in public evidence given by researchers, learned societies and publishers to inquiries in the House of Commons and the House of Lords, and also concerns expressed by researchers working with the OAPEN-UK project. We have also identified a number of common questions and have drafted answers, which have been checked by experts including Creative Commons. The guide has been edited by active researchers, to make sure that it is relevant and useful to academics faced with making decisions about publishing."

<div class="cArrow"> </div><div class="cContentInner">"An output of the OAPEN-UK project, this guide explores concerns expressed in public evidence given by researchers, learned societies and publishers to inquiries in the House of Commons and the House of Lords, and also concerns expressed by researchers working with the OAPEN-UK project. We have also identified a number of common questions and have drafted answers, which have been checked by experts including Creative Commons. The guide has been edited by active researchers, to make sure that it is relevant and useful to academics faced with making decisions about publishing."</div>

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Testosterone Pit - Home - The Other Reason Why IBM Throws A Billion At Linux ... - 0 views

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surveillance state NSA Linux Linux-backdoor Solaris FreeBSD Darwin

shared by Paul Merrell on 18 Oct 13 - No Cached

IBM announced today that it would throw another billion at Linux, the open-source operating system, to run its Power System servers. The first time it had thrown a billion at Linux was in 2001, when Linux was a crazy, untested, even ludicrous proposition for the corporate world. So the moolah back then didn’t go to Linux itself, which was free, but to related technologies across hardware, software, and service, including things like sales and advertising – and into IBM’s partnership with Red Hat which was developing its enterprise operating system, Red Hat Enterprise Linux. “It helped start a flurry of innovation that has never slowed,” said Jim Zemlin, executive director of the Linux Foundation. IBM claims that the investment would “help clients capitalize on big data and cloud computing with modern systems built to handle the new wave of applications coming to the data center in the post-PC era.” Some of the moolah will be plowed into the Power Systems Linux Center in Montpellier, France, which opened today. IBM’s first Power Systems Linux Center opened in Beijing in May. IBM may be trying to make hay of the ongoing revelations that have shown that the NSA and other intelligence organizations in the US and elsewhere have roped in American tech companies of all stripes with huge contracts to perfect a seamless spy network. They even include physical aspects of surveillance, such as license plate scanners and cameras, which are everywhere [read.... Surveillance Society: If You Drive, You Get Tracked].
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Then another boon for IBM. Experts at the German Federal Office for Security in Information Technology (BIS) determined that Windows 8 is dangerous for data security. It allows Microsoft to control the computer remotely through a “special surveillance chip,” the wonderfully named Trusted Platform Module (TPM), and a backdoor in the software – with keys likely accessible to the NSA and possibly other third parties, such as the Chinese. Risks: “Loss of control over the operating system and the hardware” [read.... LEAKED: German Government Warns Key Entities Not To Use Windows 8 – Links The NSA.
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It would be an enormous competitive advantage for an IBM salesperson to walk into a government or corporate IT department and sell Big Data servers that don’t run on Windows, but on Linux. With the Windows 8 debacle now in public view, IBM salespeople don’t even have to mention it. In the hope of stemming the pernicious revenue decline their employer has been suffering from, they can politely and professionally hype the security benefits of IBM’s systems and mention in passing the comforting fact that some of it would be developed in the Power Systems Linux Centers in Montpellier and Beijing. Alas, Linux too is tarnished. The backdoors are there, though the code can be inspected, unlike Windows code. And then there is Security-Enhanced Linux (SELinux), which was integrated into the Linux kernel in 2003. It provides a mechanism for supporting “access control” (a backdoor) and “security policies.” Who developed SELinux? Um, the NSA – which helpfully discloses some details on its own website (emphasis mine): The results of several previous research projects in this area have yielded a strong, flexible mandatory access control architecture called Flask. A reference implementation of this architecture was first integrated into a security-enhanced Linux® prototype system in order to demonstrate the value of flexible mandatory access controls and how such controls could be added to an operating system. The architecture has been subsequently mainstreamed into Linux and ported to several other systems, including the Solaris™ operating system, the FreeBSD® operating system, and the Darwin kernel, spawning a wide range of related work.
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Among a slew of American companies who contributed to the NSA’s “mainstreaming” efforts: Red Hat. And IBM? Like just about all of our American tech heroes, it looks at the NSA and other agencies in the Intelligence Community as “the Customer” with deep pockets, ever increasing budgets, and a thirst for technology and data. Which brings us back to Windows 8 and TPM. A decade ago, a group was established to develop and promote Trusted Computing that governs how operating systems and the “special surveillance chip” TPM work together. And it too has been cooperating with the NSA. The founding members of this Trusted Computing Group, as it’s called facetiously: AMD, Cisco, Hewlett-Packard, Intel, Microsoft, and Wave Systems. Oh, I almost forgot ... and IBM. And so IBM might not escape, despite its protestations and slick sales presentations, the suspicion by foreign companies and governments alike that its Linux servers too have been compromised – like the cloud products of other American tech companies. And now, they’re going to pay a steep price for their cooperation with the NSA. Read...  NSA Pricked The “Cloud” Bubble For US Tech Companies
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Apple and Facebook Flash Forward to Computer Memory of the Future | Enterprise | WIRED - 1 views

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fusion-io David-Flynn Cloud-Computing

shared by Gary Edwards on 16 Apr 14 - No Cached

Gary Edwards on 16 Apr 14

Great story that is at the center of a new cloud computing platform. I met David Flynn back when he was first demonstrating the Realmsys flash card. Extraordinary stuff. He was using the technology to open a secure Linux computing window on an operating Windows XP system. The card opened up a secure data socket, connecting to any Internet Server or Data Server, and running applications on that data - while running Windows and Windows apps in the background. Incredible mesh of Linux, streaming data, and legacy Windows apps. Everytime I find these tech pieces explaining Fusion-io though, I can't help but think that David Flynn is one of the most decent, kind and truly deserving of success people that I have ever met. excerpt: "Apple is spending mountains of money on a new breed of hardware device from a company called Fusion-io. As a public company, Fusion-io is required to disclose information about customers that account for an usually large portion of its revenue, and with its latest annual report, the Salt Lake City outfit reveals that in 2012, at least 25 percent of its revenue - $89.8 million - came from Apple. That's just one figure, from just one company. But it serves as a sign post, showing you where the modern data center is headed. 'There's now a blurring between the storage world and the memory world. People have been enlightened by Fusion-io.' - Gary Gentry Inside a data center like the one Apple operates in Maiden, North Carolina, you'll find thousands of computer servers. Fusion-io makes a slim card that slots inside these machines, and it's packed with hundreds of gigabytes of flash memory, the same stuff that holds all the software and the data on your smartphone. You can think of this card as a much-needed replacement for the good old-fashioned hard disk that typically sits inside a server. Much like a hard disk, it stores information. But it doesn't have any moving parts, which means it's generally more reliable. It c

<div class="cArrow"> </div><div class="cContentInner">Great story that is at the center of a new cloud computing platform. I met David Flynn back when he was first demonstrating the Realmsys flash card. Extraordinary stuff. He was using the technology to open a secure Linux computing window on an operating Windows XP system. The card opened up a secure data socket, connecting to any Internet Server or Data Server, and running applications on that data - while running Windows and Windows apps in the background. Incredible mesh of Linux, streaming data, and legacy Windows apps. Everytime I find these tech pieces explaining Fusion-io though, I can't help but think that David Flynn is one of the most decent, kind and truly deserving of success people that I have ever met. excerpt: "Apple is spending mountains of money on a new breed of hardware device from a company called Fusion-io. As a public company, Fusion-io is required to disclose information about customers that account for an usually large portion of its revenue, and with its latest annual report, the Salt Lake City outfit reveals that in 2012, at least 25 percent of its revenue - $89.8 million - came from Apple. That's just one figure, from just one company. But it serves as a sign post, showing you where the modern data center is headed. 'There's now a blurring between the storage world and the memory world. People have been enlightened by Fusion-io.' - Gary Gentry Inside a data center like the one Apple operates in Maiden, North Carolina, you'll find thousands of computer servers. Fusion-io makes a slim card that slots inside these machines, and it's packed with hundreds of gigabytes of flash memory, the same stuff that holds all the software and the data on your smartphone. You can think of this card as a much-needed replacement for the good old-fashioned hard disk that typically sits inside a server. Much like a hard disk, it stores information. But it doesn't have any moving parts, which means it's generally more reliable. It c</div>

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Steve Albini Takes On 'Parasitic' Record Labels And Copyright's 'Outdated' Illusion Of ... - 0 views

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steve albini on parasitic record labels copyright illusion control

shared by Gonzalo San Gil, PhD. on 01 Jun 15 - No Cached

Gonzalo San Gil, PhD. on 01 Jun 15

"from the the-future's-here-if-you-want-it dept Musician and producer Steve Albini has never been a fan of the recording industry. He posted the definitive essay on how labels screw artists over 20 years ago, and it's just as relevant today as it was then. The internet (read: file sharing) has been public enemy #1 for the recording industry (and now the motion picture industry), despite offering a host of benefits to artists and labels. "

<div class="cArrow"> </div><div class="cContentInner">"from the the-future's-here-if-you-want-it dept Musician and producer Steve Albini has never been a fan of the recording industry. He posted the definitive essay on how labels screw artists over 20 years ago, and it's just as relevant today as it was then. The internet (read: file sharing) has been public enemy #1 for the recording industry (and now the motion picture industry), despite offering a host of benefits to artists and labels. "</div>

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Hackers Prove Fingerprints Are Not Secure, Now What? | nsnbc international - 0 views

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surveillance state OPM-computer-breach fingerprints iPhone Galaxy Android

shared by Paul Merrell on 24 Sep 15 - No Cached

The Office of Personnel Management (OPM) recently revealed that an estimated 5.6 million government employees were affected by the hack; and not 1.1 million as previously assumed.
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Samuel Schumach, spokesman for the OPM, said: “As part of the government’s ongoing work to notify individuals affected by the theft of background investigation records, the Office of Personnel Management and the Department of Defense have been analyzing impacted data to verify its quality and completeness. Of the 21.5 million individuals whose Social Security Numbers and other sensitive information were impacted by the breach, the subset of individuals whose fingerprints have been stolen has increased from a total of approximately 1.1 million to approximately 5.6 million.” This endeavor expended the use of the Department of Defense (DoD), the Department of Homeland Security (DHS), the National Security Agency (NSA), and the Pentagon. Schumer added that “if, in the future, new means are developed to misuse the fingerprint data, the government will provide additional information to individuals whose fingerprints may have been stolen in this breach.” However, we do not need to wait for the future for fingerprint data to be misused and coveted by hackers.
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Look no further than the security flaws in Samsung’s new Galaxy 5 smartphone as was demonstrated by researchers at Security Research Labs (SRL) showing how fingerprints, iris scans and other biometric identifiers could be fabricated and yet authenticated by the Apple Touch ID fingerprints scanner. The shocking part of this demonstration is that this hack was achieved less than 2 days after the technology was released to the public by Apple. Ben Schlabs, researcher for SRL explained: “We expected we’d be able to spoof the S5’s Finger Scanner, but I hoped it would at least be a challenge. The S5 Finger Scanner feature offers nothing new except—because of the way it is implemented in this Android device—slightly higher risk than that already posed by previous devices.” Schlabs and other researchers discovered that “the S5 has no mechanism requiring a password when encountering a large number of incorrect finger swipes.” By rebotting the smartphone, Schlabs could force “the handset to accept an unlimited number of incorrect swipes without requiring users to enter a password [and] the S5 fingerprint authenticator [could] be associated with sensitive banking or payment apps such as PayPal.”
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Schlab said: “Perhaps most concerning is that Samsung does not seem to have learned from what others have done less poorly. Not only is it possible to spoof the fingerprint authentication even after the device has been turned off, but the implementation also allows for seemingly unlimited authentication attempts without ever requiring a password. Incorporation of fingerprint authentication into highly sensitive apps such as PayPal gives a would-be attacker an even greater incentive to learn the simple skill of fingerprint spoofing.” Last year Hackers from the Chaos Computer Club (CCC) proved Apple wrong when the corporation insisted that their new iPhone 5S fingerprint sensor is “a convenient and highly secure way to access your phone.” CCC stated that it is as easy as stealing a fingerprint from a drinking glass – and anyone can do it.
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NSA Spying Relies on AT&T's 'Extreme Willingness to Help' - ProPublica - 0 views

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surveillance state NSA AT&T

shared by Paul Merrell on 17 Aug 15 - No Cached

he National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed NSA documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.”
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AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013. AT&T has given the NSA access, through several methods covered under different legal rules, to billions of emails as they have flowed across its domestic networks. It provided technical assistance in carrying out a secret court order permitting the wiretapping of all Internet communications at the United Nations headquarters, a customer of AT&T. The NSA’s top-secret budget in 2013 for the AT&T partnership was more than twice that of the next-largest such program, according to the documents. The company installed surveillance equipment in at least 17 of its Internet hubs on American soil, far more than its similarly sized competitor, Verizon. And its engineers were the first to try out new surveillance technologies invented by the eavesdropping agency. One document reminds NSA officials to be polite when visiting AT&T facilities, noting: “This is a partnership, not a contractual relationship.” The documents, provided by the former agency contractor Edward Snowden, were jointly reviewed by The New York Times and ProPublica.
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It is not clear if the programs still operate in the same way today. Since the Snowden revelations set off a global debate over surveillance two years ago, some Silicon Valley technology companies have expressed anger at what they characterize as NSA intrusions and have rolled out new encryption to thwart them. The telecommunications companies have been quieter, though Verizon unsuccessfully challenged a court order for bulk phone records in 2014. At the same time, the government has been fighting in court to keep the identities of its telecom partners hidden. In a recent case, a group of AT&T customers claimed that the NSA’s tapping of the Internet violated the Fourth Amendment protection against unreasonable searches. This year, a federal judge dismissed key portions of the lawsuit after the Obama administration argued that public discussion of its telecom surveillance efforts would reveal state secrets, damaging national security.
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Paul Merrell on 17 Aug 15

See also sidebar articles https://www.propublica.org/article/a-trail-of-evidence-leading-to-atts-partnership-with-the-nsa and https://www.propublica.org/article/heres-why-the-close-collaboration-between-the-nsa-and-att-matters

<div class="cArrow"> </div><div class="cContentInner">See also sidebar articles <a href="https://www.propublica.org/article/a-trail-of-evidence-leading-to-atts-partnership-with-the-nsa" rel="nofollow" target="_blank">https://www.propublica.org/article/a-trail-of-evidence-leading-to-atts-partnership-with-the-nsa</a> and <a href="https://www.propublica.org/article/heres-why-the-close-collaboration-between-the-nsa-and-att-matters" rel="nofollow" target="_blank">https://www.propublica.org/article/heres-why-the-close-collaboration-between-the-nsa-and-att-matters</a></div>

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How to check if you've been attacked by Hacking Team intrusion malware | ITworld - 1 views

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how to check intrusion Hachking Team malware

shared by Gonzalo San Gil, PhD. on 24 Jul 15 - No Cached

Gonzalo San Gil, PhD. on 24 Jul 15

"Hacking Team malware has been attacking computers and smartphones --- and you may be infected without knowing it. Here's how to find out if you're infected."

<div class="cArrow"> </div><div class="cContentInner">"Hacking Team malware has been attacking computers and smartphones --- and you may be infected without knowing it. Here's how to find out if you're infected."</div>

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