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In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.

The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.

The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.

In but the latest in a continuing saga of big tech tracking and surveillance stories which should serve to convince us all we are living in the beginning phases of a Minority Report style tracking and pansophical "pre-crime" system, it's now confirmed that the world's most powerful tech company and search tool will always find a way to keep your location data. The Associated Press sought the help of Princeton researchers to prove that while Google is clear and upfront about giving App users the ability to turn off or "pause" Location History on their devices, there are other hidden means through which it retains the data.

According to the AP report: Google says that will prevent the company from remembering where you’ve been. Google’s support page on the subject states: “You can turn off Location History at any time. With Location History off, the places you go are no longer stored.” That isn’t true. Even with Location History paused, some Google apps automatically store time-stamped location data without asking. For example, Google stores a snapshot of where you are when you merely open its Maps app. Automatic daily weather updates on Android phones pinpoint roughly where you are. And some searches that have nothing to do with location, like “chocolate chip cookies,” or “kids science kits,” pinpoint your precise latitude and longitude — accurate to the square foot — and save it to your Google account. The issue directly affects around two billion people using Google's Android operating software and iPhone users relying on Google maps or a simple search. Among the computer science researchers at Princeton conducting the tests is Jonathan Mayer, who told the AP, “If you’re going to allow users to turn off something called ‘Location History,’ then all the places where you maintain location history should be turned off,” and added, “That seems like a pretty straightforward position to have.”

Tox is trying to roll both peer-to-peer and voice calling into one.

With his shaggy, sandy blond hair and a 5-o'clock shadow, Mark Rolston, the creative director for Frog Design, has studied technology for the better part of two decades. As he sees it, smartphones are just about out of evolutionary advances. Sure, form factors and materials might alter as manufacturers grasp for differentiating design, but in terms of innovative leaps, Rolston says, "we're at the end of gross innovation for smartphones." That isn't to say smartphones are dead or obsolete. Just the contrary. As Rolston and other future thinkers who study the mobile space conclude, smartphones will become increasingly impactful in interacting with our surrounding world, but more as one smaller piece of a much large, interconnected puzzle abuzz with data transfer and information. We'll certainly see more crazy camera software and NFC features everywhere, but there's much, much more to look forward to besides.

You may have never given two thoughts to the sensors that come on you smartphone. They don't mind. They're still there anyway, computing data on your phone's movement and speed, rotation, and lighting conditions. These under-appreciated components -- the gyroscope, accelerometer, magnetometer, and so forth -- are starting to get more friends in the neighborhood. Samsung, for instance, slipped pressure, temperature, and humidity sniffers into the Galaxy S4. They may not be the sexiest feature in your phone, but in the future, sensors like accelerometers will be able to collect and report much more detailed information.

If you've made it here, you'll start seeing a general theme: in the forward-looking smartphone environment of our future, our devices are anything but isolated. Instead, smartphones will come with more components and communications tools to interact more than ever before with people and other devices. We already see some communication with Wi-Fi Direct, Bluetooth, and NFC communications protocols, plus newcomers like the Miracast standard. In short, the kind of innovation we see in the mobile space may have more to do with getting your smartphone to communicate with other computing devices in the ecosystem than it will have with how many megapixels or ultrapixels your camera lens possesses or what kind of leather was used to finish the chassis.

The movement to encrypt the web has reached a milestone. As of earlier this month, approximately half of Internet traffic is now protected by HTTPS. In other words, we are halfway to a web safer from the eavesdropping, content hijacking, cookie stealing, and censorship that HTTPS can protect against. Mozilla recently reported that the average volume of encrypted web traffic on Firefox now surpasses the average unencrypted volume

Google Chrome’s figures on HTTPS usage are consistent with that finding, showing that over 50% of of all pages loaded are protected by HTTPS across different operating systems.

This milestone is a combination of HTTPS implementation victories: from tech giants and large content providers, from small websites, and from users themselves.

As if further proof were needed Orwell’s dystopia is now upon us, China has now gamified obedience to the State. Though that is every bit as creepily terrifying as it sounds, citizens may still choose whether or not they wish to opt-in — that is, until the program becomes compulsory in 2020. “Going under the innocuous name of ‘Sesame Credit,’ China has created a score for how good a citizen you are,” explains Extra Credits’ video about the program. “The owners of China’s largest social networks have partnered with the government to create something akin to the U.S. credit score — but, instead of measuring how regularly you pay your bills, it measures how obediently you follow the party line.”

In the works for years, China’s ‘social credit system’ aims to create a docile, compliant citizenry who are fiscally and morally responsible by employing a game-like format to create self-imposed, group social control. In other words, China gamified peer pressure to control its citizenry; and, though the scheme hasn’t been fully implemented yet, it’s already working — insidiously well.

The system is run by two companies, Alibaba and Tencent, which run all the social networks in China and therefore have access to a vast amount of data about people’s social ties and activities and what they say. In addition to measuring your ability to pay, as in the United States, the scores serve as a measure of political compliance. Among the things that will hurt a citizen’s score are posting political opinions without prior permission, or posting information that the regime does not like, such as about the Tiananmen Square massacre that the government carried out to hold on to power, or the Shanghai stock market collapse. It will hurt your score not only if you do these things, but if any of your friends do them.” And, in what appears likely the goal of the entire program, added, “Imagine the social pressure against disobedience or dissent that this will create.”

The opening panel of the Stigler Center’s annual antitrust conference discussed the source of digital platforms’ power and what, if anything, can be done to address the numerous challenges their ability to shape opinions and outcomes present. 

Google CEO Sundar Pichai caused a worldwide sensation earlier this week when he unveiled Duplex, an AI-driven digital assistant able to mimic human speech patterns (complete with vocal tics) to such a convincing degree that it managed to have real conversations with ordinary people without them realizing they were actually talking to a robot.   While Google presented Duplex as an exciting technological breakthrough, others saw something else: a system able to deceive people into believing they were talking to a human being, an ethical red flag (and a surefire way to get to robocall hell). Following the backlash, Google announced on Thursday that the new service will be designed “with disclosure built-in.” Nevertheless, the episode created the impression that ethical concerns were an “after-the-fact consideration” for Google, despite the fierce public scrutiny it and other tech giants faced over the past two months. “Silicon Valley is ethically lost, rudderless and has not learned a thing,” tweeted Zeynep Tufekci, a professor at the University of North Carolina at Chapel Hill and a prominent critic of tech firms.   The controversial demonstration was not the only sign that the global outrage has yet to inspire the profound rethinking critics hoped it would bring to Silicon Valley firms. In Pichai’s speech at Google’s annual I/O developer conference, the ethical concerns regarding the company’s data mining, business model, and political influence were briefly addressed with a general, laconic statement: “The path ahead needs to be navigated carefully and deliberately and we feel a deep sense of responsibility to get this right.”

Google’s fellow FAANGs also seem eager to put the “techlash” of the past two years behind them. Facebook, its shares now fully recovered from the Cambridge Analytica scandal, is already charging full-steam ahead into new areas like dating and blockchain.   But the techlash likely isn’t going away soon. The rise of digital platforms has had profound political, economic, and social effects, many of which are only now becoming apparent, and their sheer size and power makes it virtually impossible to exist on the Internet without using their services. As Stratechery’s Ben Thompson noted in the opening panel of the Stigler Center’s annual antitrust conference last month, Google and Facebook—already dominating search and social media and enjoying a duopoly in digital advertising—own many of the world’s top mobile apps. Amazon has more than 100 million Prime members, for whom it is usually the first and last stop for shopping online.   Many of the mechanisms that allowed for this growth are opaque and rooted in manipulation. What are those mechanisms, and how should policymakers and antitrust enforcers address them? These questions, and others, were the focus of the Stigler Center panel, which was moderated by the Economist’s New York bureau chief, Patrick Foulis.

When the internet goes down, life as the modern American knows it grinds to a halt. Gone are the cute kitten photos and the Facebook status updates—but also gone are the signals telling stoplights to change from green to red, and doctors’ access to online patient records. A vast web of physical infrastructure undergirds the internet connections that touch nearly every aspect of modern life. Delicate fiber optic cables, massive data transfer stations, and power stations create a patchwork of literal nuts and bolts that facilitates the flow of zeros and ones. Now, research shows that a whole lot of that infrastructure sits squarely in the path of rising seas. (See what the planet would look like if all the ice melted.) Scientists mapped out the threads and knots of internet infrastructure in the U.S. and layered that on top of maps showing future sea level rise. What they found was ominous: Within 15 years, thousands of miles of fiber optic cable—and hundreds of pieces of other key infrastructure—are likely to be swamped by the encroaching ocean. And while some of that infrastructure may be water resistant, little of it was designed to live fully underwater. “So much of the infrastructure that's been deployed is right next to the coast, so it doesn't take much more than a few inches or a foot of sea level rise for it to be underwater,” says study coauthor Paul Barford, a computer scientist at the University of Wisconsin, Madison. “It was all was deployed 20ish years ago, when no one was thinking about the fact that sea levels might come up.”

“This will be a big problem,” says Rae Zimmerman, an expert on urban adaptation to climate change at NYU. Large parts of internet infrastructure soon “will be underwater, unless they're moved back pretty quickly.”

Ohio’s attorney general, Dave Yost, filed a lawsuit on Tuesday in pursuit of a novel effort to have Google declared a public utility and subject to government regulation.The lawsuit, which was filed in a Delaware County, Ohio court, seeks to use a law that’s over a century old to regulate Google by applying a legal designation historically used for railroads, electricity and the telephone to the search engine.“When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access,” Mr. Yost, a Republican, said in a statement. He added that Ohio was the first state to bring such a lawsuit against Google.If Google were declared a so-called common carrier like a utility company, it would prevent the company from prioritizing its own products, services and websites in search results.AdvertisementContinue reading the main storyGoogle said it had none of the attributes of a common carrier that usually provide a standardized service for a fee using public assets, such as rights of way.The “lawsuit would make Google Search results worse and make it harder for small businesses to connect directly with customers,” José Castañeda, a Google spokesman, said in a statement. “Ohioans simply don’t want the government to run Google like a gas or electric company. This lawsuit has no basis in fact or law and we’ll defend ourselves against it in court.”Though the Ohio lawsuit is a stretch, there is a long history of government control of certain kinds of companies, said Andrew Schwartzman, a senior fellow at the nonprofit Benton Institute for Broadband & Society. “Think of ‘The Canterbury Tales.’ Travelers needed a place to stay and eat on long road treks, and innkeepers were not allowed to deny them accommodations or rip them off,” he said.

After a series of federal lawsuits filed against Google last year, Ohio’s lawsuit is part of a next wave of state actions aimed at regulating and curtailing the power of Big Tech. Also on Tuesday, Colorado’s legislature passed a data privacy law that would allow consumers to opt out of data collection.On Monday, New York’s Senate passed antitrust legislation that would make it easier for plaintiffs to sue dominant platforms for abuse of power. After years of inaction in Congress with tech legislation, states are beginning to fill the regulatory vacuum.Editors’ PicksThe Abandoned Houses of Instagram21 Easy Summer Dinners You’ll Cook (or Throw Together) on Repeat‘King Richard’ Finds Fresh Drama in WatergateAdvertisementContinue reading the main storyAdvertisementContinue reading the main storyOhio was also one of 38 states that filed an antitrust lawsuit in December accusing Google of being a monopoly and using its dominant position in internet search to squeeze out smaller rivals.

BitTorrent today released folder syncing software that replicates files across multiple computers using the same peer-to-peer file sharing technology that powers BitTorrent clients. The free BitTorrent Sync application is labeled as being in the alpha stage, so it's not necessarily ready for prime-time, but it is publicly available for download and working as advertised on my home network. BitTorrent, Inc. (yes, there is a legitimate company behind BitTorrent) took to its blog to announce the move from a pre-alpha, private program to the publicly available alpha. Additions since the private alpha include one-way synchronization, one-time secrets for sharing files with a friend or colleague, and the ability to exclude specific files and directories.

BitTorrent Sync provides "unlimited, secure file-syncing," the company said. "You can use it for remote backup. Or, you can use it to transfer large folders of personal media between users and machines; editors and collaborators. It’s simple. It’s free. It’s the awesome power of P2P, applied to file-syncing." File transfers are encrypted, with private information never being stored on an external server or in the "cloud." "Since Sync is based on P2P and doesn’t require a pit-stop in the cloud, you can transfer files at the maximum speed supported by your network," BitTorrent said. "BitTorrent Sync is specifically designed to handle large files, so you can sync original, high quality, uncompressed files."

“WE APPRECIATE THAT there are times when secrecy around a government warrant is needed,” Microsoft President Brad Smith wrote in a blog post on Thursday. “But based on the many secrecy orders we have received, we question whether these orders are grounded in specific facts that truly demand secrecy. To the contrary, it appears that the issuance of secrecy orders has become too routine.” With those words, Smith announced that Microsoft was suing the Department of Justice for the right to inform its customers when the government is reading their emails. The last big fight between the Justice Department and Silicon Valley was started by law enforcement, when the FBI demanded that Apple unlock a phone used by San Bernardino killer Syed Rizwan Farook. This time, Microsoft is going on the offensive. The move is welcomed by privacy activists as a step forward for transparency — though it’s also for business reasons.

Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote. According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy. These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.

On OpenCongress, you can now email your representatives and senators just as easily as you would a friend or colleague. We've added a new feature to OpenCongress. It's not flashy. It doesn't use D3 or integrate with social media. But we still think it's pretty cool. You might've already heard of it. Email. This may not sound like a big deal, but it's been a long time coming. A lot of people are surprised to learn that Congress doesn't have publicly available email addresses. It's the number one feature request that we hear from users of our APIs. Until recently, we didn't have a good response. That's because members of Congress typically put their feedback mechanisms behind captchas and zip code requirements. Sometimes these forms break; sometimes their requirements improperly lock out actual constituents. And they always make it harder to email your congressional delegation than it should be.

This is a real problem. According to the Congressional Management Foundation, 88% of Capitol Hill staffers agree that electronic messages from constituents influence their bosses' decisions. We think that it's inappropriate to erect technical barriers around such an essential democratic mechanism. Congress itself is addressing the problem. That effort has just entered its second decade, and people are feeling optimistic that a launch to a closed set of partners might be coming soon. But we weren't content to wait. So when the Electronic Frontier Foundation (EFF) approached us about this problem, we were excited to really make some progress. Building on groundwork first done by the Participatory Politics Foundation and more recent work within Sunlight, a network of 150 volunteers collected the data we needed from congressional websites in just two days. That information is now on Github, available to all who want to build the next generation of constituent communication tools. The EFF is already working on some exciting things to that end.

But we just wanted to be able to email our representatives like normal people. So now, if you visit a legislator's page on OpenCongress, you'll see an email address in the right-hand sidebar that looks like Sen.Reid@opencongress.org or Rep.Boehner@opencongress.org. You can also email myreps@opencongress.org to email both of your senators and your House representatives at once. The first time we get an email from you, we'll send one back asking for some additional details. This is necessary because our code submits your message by navigating those aforementioned congressional webforms, and we don't want to enter incorrect information. But for emails after the first one, all you'll have to do is click a link that says, "Yes, I meant to send that email."

Before Chinese President Xi Jinping visits President Obama, he and Chinese executives have some business in Seattle: pressing U.S. tech companies, hungry for the Chinese market, to comply with the country’s new stringent and suppressive Internet policies. The New York Times reported last week that Chinese authorities sent a letter to some U.S. tech firms seeking a promise they would not harm China’s national security. That might require such things as forcing users to register with their real names, storing Chinese citizens’ data locally where the government can access it, and building government “back doors” into encrypted communication products for better surveillance. China’s new national security law calls for systems that are “secure and controllable”, which industry groups told the Times in July means companies will have to hand over encryption keys or even source code to their products. Among the big names joining Xi at Wednesday’s U.S.-China Internet Industry Forum: Apple, Google, Facebook, IBM, and Microsoft.

The meeting comes as U.S. law enforcement officials have been pressuring companies to give them a way to access encrypted communications. The technology community has responded by pointing out that any sort of hole for law enforcement weakens the entire system to attack from outside bad actors—such as China, which has been tied to many instances of state-sponsored hacking into U.S systems. In fact, one argument privacy advocates have repeatedly made is that back doors for law enforcement would set a dangerous precedent when countries like China want the same kind of access to pursue their own domestic political goals. But here, potentially, the situation has been reversed, with China using its massive economic leverage to demand that sort of access right now. Human rights groups are urging U.S. companies not to give in.