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Paul Merrell

Visit the Wrong Website, and the FBI Could End Up in Your Computer | Threat Level | WIRED - 0 views

  • Security experts call it a “drive-by download”: a hacker infiltrates a high-traffic website and then subverts it to deliver malware to every single visitor. It’s one of the most powerful tools in the black hat arsenal, capable of delivering thousands of fresh victims into a hackers’ clutches within minutes. Now the technique is being adopted by a different kind of a hacker—the kind with a badge. For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system. The approach has borne fruit—over a dozen alleged users of Tor-based child porn sites are now headed for trial as a result. But it’s also engendering controversy, with charges that the Justice Department has glossed over the bulk-hacking technique when describing it to judges, while concealing its use from defendants. Critics also worry about mission creep, the weakening of a technology relied on by human rights workers and activists, and the potential for innocent parties to wind up infected with government malware because they visited the wrong website. “This is such a big leap, there should have been congressional hearings about this,” says ACLU technologist Chris Soghoian, an expert on law enforcement’s use of hacking tools. “If Congress decides this is a technique that’s perfectly appropriate, maybe that’s OK. But let’s have an informed debate about it.”
  • The FBI’s use of malware is not new. The bureau calls the method an NIT, for “network investigative technique,” and the FBI has been using it since at least 2002 in cases ranging from computer hacking to bomb threats, child porn to extortion. Depending on the deployment, an NIT can be a bulky full-featured backdoor program that gives the government access to your files, location, web history and webcam for a month at a time, or a slim, fleeting wisp of code that sends the FBI your computer’s name and address, and then evaporates. What’s changed is the way the FBI uses its malware capability, deploying it as a driftnet instead of a fishing line. And the shift is a direct response to Tor, the powerful anonymity system endorsed by Edward Snowden and the State Department alike.
Paul Merrell

Proposed changes to US data collection fall short of NSA reformers' goals | US news | T... - 0 views

  • The US intelligence community has delivered a limited list of tweaks to how long it can hold information on ordinary citizens and hide secret trawls for data, responding to Barack Obama’s call for reform of its surveillance practices in the wake of revelations about NSA practices. Published by the office of the director of national intelligence, James Clapper, just six days before a recently announced visit to Washington by the German chancellor, Angela Merkel, the report is the culmination of a year-long effort to respond to revelations by whistleblower Edward Snowden.
  • But the report does not appear to address the role of telecommunications companies in collecting metadata and the use of encryption to prevent hacking, and privacy critics were quick to pounce on a year of promises with little reform to show. “It’s hard to see much ‘there’ there,” Senator Ron Wyden said in a statement. “When it comes to reforming intelligence programs and protecting Americans’ privacy, there is much, much more work to be done.” The outline from the intelligence community also appears to fall short of the legislative changes attempted by campaigners in Congress, focusing instead on measures to tighten internal guidelines and provide foreigners with some of the protections allowed for US citizens. These measures include:
  • Other measures outlined in the new report include steps to clarify the protection given to whistleblowers if they follow internal rules and a requirement that “any significant compliance incident involving personal information, regardless of the person’s nationality” be reported to Clapper.
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  • Limiting how long personal data gathered from non-US citizens can be held to five years, so long as it is deemed not relevant to ongoing intelligence investigations. Asking Congress to provide some foreign nationals access to legal redress if their private information has been wilfully disclosed by US intelligence agencies. Limiting to three years how long the FBI can prevent disclosure of its surveillance activities using so-called national security letters, unless a special agent deems otherwise.
  • The official results of Obama’s call for surveillance reform also appear to have failed to address encryption. The FBI director, James Comey, and other officials have been highly critical of the use of encryption by tech companies such as Apple to protect their users’ information. Comey has argued that stronger encryption, baked in to some technology after the Snowden revelations, will aid criminals and terrorists and shut out law enforcement.
  • The intelligence report itself acknowledges that further reforms called for by the president, such as ending the collection of bulk data by the government, have not been implemented, possibly due to stalled legislative efforts in Congress.
Paul Merrell

FBI Now Holding Up Michael Horowitz' Investigation into the DEA | emptywheel - 0 views

  • Man, at some point Congress is going to have to declare the FBI legally contemptuous and throw them in jail. They continue to refuse to cooperate with DOJ’s Inspector General, as they have been for basically 5 years. But in Michael Horowitz’ latest complaint to Congress, he adds a new spin: FBI is not only obstructing his investigation of the FBI’s management impaired surveillance, now FBI is obstructing his investigation of DEA’s management impaired surveillance. I first reported on DOJ IG’s investigation into DEA’s dragnet databases last April. At that point, the only dragnet we knew about was Hemisphere, which DEA uses to obtain years of phone records as well as location data and other details, before it them parallel constructs that data out of a defendant’s reach.
  • But since then, we’ve learned of what the government claims to be another database — that used to identify Shantia Hassanshahi in an Iranian sanctions case. After some delay, the government revealed that this was another dragnet, including just international calls. It claims that this database was suspended in September 2013 (around the time Hemisphere became public) and that it is no longer obtaining bulk records for it. According to the latest installment of Michael Horowitz’ complaints about FBI obstruction, he tried to obtain records on the DEA databases on November 20, 2014 (of note, during the period when the government was still refusing to tell even Judge Rudolph Contreras what the database implicating Hassanshahi was). FBI slow-walked production, but promised to provide everything to Horowitz by February 13, 2015. FBI has decided it has to keep reviewing the emails in question to see if there is grand jury, Title III electronic surveillance, and Fair Credit Reporting Act materials, which are the same categories of stuff FBI has refused in the past. So Horowitz is pointing to the language tied to DOJ’s appropriations for FY 2015 which (basically) defunded FBI obstruction. Only FBI continues to obstruct.
  • There’s one more question about this. As noted, this investigation is supposed to be about DEA’s databases. We’ve already seen that FBI uses Hemisphere (when I asked FBI for comment in advance of this February 4, 2014 article on FBI obstinance, Hemisphere was the one thing they refused all comment on). And obviously, FBI access another DEA database to go after Hassanshahi. So that may be the only reason why Horowitz needs the FBI’s cooperation to investigate the DEA’s dragnets. Plus, assuming FBI is parallel constructing these dragnets just like DEA is, I can understand why they’d want to withhold grand jury information, which would make that clear. Still, I can’t help but wonder — as I have in the past — whether these dragnets are all connected, a constantly moving shell game. That might explain why FBI is so intent on obstructing Horowitz again.
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    Marcy Wheeler's specuiulation that various government databases simply move to another agency when they're brought to light is not without precedent. When Congress shut down DARPA's Total Information Awareness program, most of its software programs and databases were just moved to NSA. 
Paul Merrell

Remaining Snowden docs will be released to avert 'unspecified US war' - ‪Cryp... - 1 views

  • All the remaining Snowden documents will be released next month, according t‪o‬ whistle-blowing site ‪Cryptome, which said in a tweet that the release of the info by unnamed third parties would be necessary to head off an unnamed "war".‬‪Cryptome‬ said it would "aid and abet" the release of "57K to 1.7M" new documents that had been "withheld for national security-public debate [sic]". <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_security/front&sz=300x250%7C300x600&tile=3&c=33U7RchawQrMoAAHIac14AAAKH&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_security/front&sz=300x250%7C300x600&tile=3&c=33U7RchawQrMoAAHIac14AAAKH&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""></a> The site clarified that will not be publishing the documents itself.Transparency activists would welcome such a release but such a move would be heavily criticised by inteligence agencies and military officials, who argue that Snowden's dump of secret documents has set US and allied (especially British) intelligence efforts back by years.
  • As things stand, the flow of Snowden disclosures is controlled by those who have access to the Sn‪o‬wden archive, which might possibly include Snowden confidants such as Glenn Greenwald and Laura Poitras. In some cases, even when these people release information to mainstream media organisations, it is then suppressed by these organisations after negotiation with the authorities. (In one such case, some key facts were later revealed by the Register.)"July is when war begins unless headed off by Snowden full release of crippling intel. After war begins not a chance of release," Cryptome tweeted on its official feed."Warmongerers are on a rampage. So, yes, citizens holding Snowden docs will do the right thing," it said.
  • "For more on Snowden docs release in July watch for Ellsberg, special guest and others at HOPE, July 18-20: http://www.hope.net/schedule.html," it added.HOPE (Hackers On Planet Earth) is a well-regarded and long-running hacking conference organised by 2600 magazine. Previous speakers at the event have included Kevin Mitnick, Steve Wozniak and Jello Biafra.In other developments, ‪Cryptome‬ has started a Kickstarter fund to release its entire archive in the form of a USB stick archive. It wants t‪o‬ raise $100,000 to help it achieve its goal. More than $14,000 has already been raised.The funding drive follows a dispute between ‪Cryptome‬ and its host Network Solutions, which is owned by web.com. Access to the site was bl‪o‬cked f‪o‬ll‪o‬wing a malware infection last week. ‪Cryptome‬ f‪o‬under J‪o‬hn Y‪o‬ung criticised the host, claiming it had ‪o‬ver-reacted and had been sl‪o‬w t‪o‬ rest‪o‬re access t‪o‬ the site, which ‪Cryptome‬ criticised as a form of cens‪o‬rship.In resp‪o‬nse, ‪Cryptome‬ plans to more widely distribute its content across multiple sites as well as releasing the planned USB stick archive. ®
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    Can't happen soon enough. 
Paul Merrell

Tech Companies Reel as NSA's Spying Tarnishes Reputations - Bloomberg - 0 views

  • U.S. technology companies are in danger of losing more business to foreign competitors if the National Security Agency’s power to spy on customers isn’t curbed, researchers with the New America Foundation said in a report today. The report, by the foundation’s Open Technology Institute, called for prohibiting the NSA from collecting data in bulk, while letting companies report more details about what information they give the government. Senate legislation introduced today would fulfill some recommendations by the institute, a Washington-based advocacy group that has been critical of NSA programs.
Paul Merrell

The Great SIM Heist: How Spies Stole the Keys to the Encryption Castle - 0 views

  • AMERICAN AND BRITISH spies hacked into the internal computer network of the largest manufacturer of SIM cards in the world, stealing encryption keys used to protect the privacy of cellphone communications across the globe, according to top-secret documents provided to The Intercept by National Security Agency whistleblower Edward Snowden. The hack was perpetrated by a joint unit consisting of operatives from the NSA and its British counterpart Government Communications Headquarters, or GCHQ. The breach, detailed in a secret 2010 GCHQ document, gave the surveillance agencies the potential to secretly monitor a large portion of the world’s cellular communications, including both voice and data. The company targeted by the intelligence agencies, Gemalto, is a multinational firm incorporated in the Netherlands that makes the chips used in mobile phones and next-generation credit cards. Among its clients are AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers around the world. The company operates in 85 countries and has more than 40 manufacturing facilities. One of its three global headquarters is in Austin, Texas and it has a large factory in Pennsylvania. In all, Gemalto produces some 2 billion SIM cards a year. Its motto is “Security to be Free.”
  • With these stolen encryption keys, intelligence agencies can monitor mobile communications without seeking or receiving approval from telecom companies and foreign governments. Possessing the keys also sidesteps the need to get a warrant or a wiretap, while leaving no trace on the wireless provider’s network that the communications were intercepted. Bulk key theft additionally enables the intelligence agencies to unlock any previously encrypted communications they had already intercepted, but did not yet have the ability to decrypt.
  • Leading privacy advocates and security experts say that the theft of encryption keys from major wireless network providers is tantamount to a thief obtaining the master ring of a building superintendent who holds the keys to every apartment. “Once you have the keys, decrypting traffic is trivial,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “The news of this key theft will send a shock wave through the security community.”
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  • According to one secret GCHQ slide, the British intelligence agency penetrated Gemalto’s internal networks, planting malware on several computers, giving GCHQ secret access. We “believe we have their entire network,” the slide’s author boasted about the operation against Gemalto. Additionally, the spy agency targeted unnamed cellular companies’ core networks, giving it access to “sales staff machines for customer information and network engineers machines for network maps.” GCHQ also claimed the ability to manipulate the billing servers of cell companies to “suppress” charges in an effort to conceal the spy agency’s secret actions against an individual’s phone. Most significantly, GCHQ also penetrated “authentication servers,” allowing it to decrypt data and voice communications between a targeted individual’s phone and his or her telecom provider’s network. A note accompanying the slide asserted that the spy agency was “very happy with the data so far and [was] working through the vast quantity of product.”
  • The U.S. and British intelligence agencies pulled off the encryption key heist in great stealth, giving them the ability to intercept and decrypt communications without alerting the wireless network provider, the foreign government or the individual user that they have been targeted. “Gaining access to a database of keys is pretty much game over for cellular encryption,” says Matthew Green, a cryptography specialist at the Johns Hopkins Information Security Institute. The massive key theft is “bad news for phone security. Really bad news.”
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    Remember all those NSA claims that no evidence of their misbehavior has emerged? That one should never take wing again. Monitoring call content without the involvement of any court? Without a warrant? Without probable cause?  Was there even any Congressional authorization?  Wiretapping unequivocally requires a judicially-approved search warrant. It's going to be very interesting to learn the government's argument for this misconduct's legality. 
Paul Merrell

Months After Appeals Argued, NSA Cases Twist in the Wind - US News - 0 views

  • Three cases that likely lay the groundwork for a major privacy battle at the U.S. Supreme Court are pending before federal appeals courts, whose judges are taking their time announcing whether they believe the dragnet collection of Americans' phone records is legal. It’s been more than five months since the American Civil Liberties Union argued against the National Security Agency program in New York, three months since legal activist Larry Klayman defended his thus far unprecedented preliminary injunction win in Washington, D.C., and two months since Idaho nurse Anna Smith’s case was heard by appeals judges in Seattle. At the district court level, judges handed down decisions about a month after oral arguments in the cases. It’s unclear what accounts for the delay. It’s possible judges are meticulously crafting opinions that are likely to receive wide coverage, or that members of the three-judge panels are clashing on the appropriate decision.
  • Attorneys involved in the cases understandably are reluctant to criticize the courts, but all express hope for speedy resolution of their fights against alleged violations of Americans’ Fourth Amendment rights.
  • Though it’s difficult to accurately predict court decisions based on oral arguments, opponents of the mass surveillance program may have reason for optimism.
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  • Two executive branch review panels have found the dragnet phone program has had minimal value for catching terrorists, its stated purpose. After years of presiding over the collection and months of publicly defending it, President Barack Obama pivoted last year and asked Congress to pass legislation ending the program. A measure to do so failed last year.
Paul Merrell

Weakened surveillance reform bill is 'yesterday's news', civil libertarians say | World... - 0 views

  • When the premiere surveillance reform bill of 2014 is reintroduced in the current Congress, it can count on antipathy and even opposition from many of the civil libertarian activists who pushed it to the brink of passage last year. The USA Freedom Act, a bill that aims to stop the National Security Agency (NSA) from its daily collection of US phone records in bulk, is set for a 2015 revamp after failing in the Senate last November. Supporters pledge to unveil it late this week or early next week.
  • This time, as reported by the Guardian, the bill is shaping up to be the preferred piece of legislation to extend the lifespan of a controversial part of the Patriot Act, known as Section 215. The NSA uses Section 215 to justify its domestic mass surveillance. The FBI considers it critical for terrorism and espionage investigations outside typical warrant or subpoena channels. Section 215 expires on 1 June. The bill’s architects consider the USA Freedom Act the strongest piece of legislation to roll back the domestic reach of US surveillance that Congress will pass. But a new coalition of civil libertarian groups on the left and the right is already looking past the bill, in the hopes of broadening what is possible – something they consider realistic, thanks to the intelligence community’s fervent desire to avoid the expiration of Section 215.
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    I'm pushing for no legislation. Let section 215 sunset in peace.
Gonzalo San Gil, PhD.

Yes, the NSA Worried About Whether Spying Would Backfire | WIRED - 1 views

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    ""For all the time I worked on all of these issues, this was a constant discussion," Olsen says. "How do we calibrate what we're trying to do for the country with how to protect civil liberties and privacy?""
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    NSA can't credibly claim surprise at how people reacted to the Snowden disclosures. NSA's spying on U.S. citizens was first uncovered by the Senate's Church Committee in about 1976. Congress enacted legslation unequivocally telling NSA and the Defense Department that spying on Americans was not to happen again (and that the CIA was to immediately cease spying within the territorial boundaries of the U.S.). Then came the Total Information Awareness scandal, when Congress discovered that DoD was right back at it again, this time operating from under the cover of the Defense Advanced Research Projects Agency. Congress responded by abolishing the program and eliminating the job position of its director, former Admiral John Poindexter of Iran/Contra scandal fame. But rather than complying with the abolition order, most of the TIA program's staff, hardware, software, and data was simply transferred to NSA. NSA, of course, persuaded the Justice Department to secretly reinterpret key provisions of the Patriot Act more broadly than a First Grade preschooler would allow to continue spying on U.S. citizens. Indeed, anyone whose college education included the assignment to read and discuss George Orwell's 1984 would have known that NSA's program had drastically outgrown the limits of what a free society would tolerate. So this is really about deliberate defiance of the limits established by the Constitution and Congressional enactments, not about anything even remotely legal or morally acceptable. The fact that Congress did not react strongly after the Snowden disclosures, as it had after the Church Committee's report and discovery of the TIA program raises a strong suspicion that members of Congress have been blackmailed into submission using information about them gathered via NSA surveillance. We know from whistleblowers Edward Snowden and Russell Tice that members of Congress were surveilled by NSA, yet not even that violation has been taken up by Congress. Instead
Paul Merrell

Microsoft Helping to Store Police Video From Taser Body Cameras | nsnbc international - 0 views

  • Microsoft has joined forces with Taser to combine the Azure cloud platform with law enforcement management tools.
  • Taser’s Axon body camera data management software on Evidence.com will run on Azure and Windows 10 devices to integrate evidence collection, analysis, and archival features as set forth by the Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Policy. As per the partnership, Taser will utilize Azure’s machine learning and computing technologies to store police data on Microsoft’s government cloud. In addition, redaction capabilities of Taser will be improved which will assist police departments that are subject to bulk data requests. Currently, Taser is operating on Amazon Web Services; however this deal may entice police departments to upgrade their technology, which in turn would drive up sales of Windows 10. This partnership comes after Taser was given a lucrative deal with the Los Angeles Police Department (LAPD) last year, who ordered 7,000 body cameras equipped with 800 Axom body cameras for their officers in response to the recent deaths of several African Americans at the hands of police.
  • In order to ensure Taser maintains a monopoly on police body cameras, the corporation acquired contracts with police departments all across the nation for the purchase of body cameras through dubious ties to certain chiefs of police. The corporation announced in 2014 that “orders for body cameras [has] soared to $24.6 million from October to December” which represents a 5-fold increase in profits from 2013. Currently, Taser is in 13 cities with negotiations for new contracts being discussed in 28 more. Taser, according to records and interviews, allegedly has “financial ties to police chiefs whose departments have bought the recording devices.” In fact, Taser has been shown to provide airfare and luxury hotels for chiefs of police when traveling for speaking engagements in Australia and the United Arab Emirates (UAE); and hired them as consultants – among other perks and deals. Since 2013, Taser has been contractually bound with “consulting agreements with two such chiefs’ weeks after they retired” as well as is allegedly “in talks with a third who also backed the purchase of its products.”
Paul Merrell

Net neutrality comment fraud will be investigated by government | Ars Technica - 0 views

  • The US Government Accountability Office (GAO) will investigate the use of impersonation in public comments on the Federal Communications Commission's net neutrality repeal. Congressional Democrats requested the investigation last month, and the GAO has granted the request. While the investigation request was spurred by widespread fraud in the FCC's net neutrality repeal docket, Democrats asked the GAO to also "examine whether this shady practice extends to other agency rulemaking processes." The GAO will do just that, having told Democrats in a letter that it will "review the extent and pervasiveness of fraud and the misuse of American identities during federal rulemaking processes."
  • The GAO provides independent, nonpartisan audits and investigations for Congress. The GAO previously agreed to investigate DDoS attacks that allegedly targeted the FCC comment system, also in response to a request by Democratic lawmakers. The Democrats charged that Chairman Ajit Pai's FCC did not provide enough evidence that the attacks actually happened, and they asked the GAO to find out what evidence the FCC used to make its determination. Democrats also asked the GAO to examine whether the FCC is prepared to prevent future attacks. The DDoS investigation should happen sooner than the new one on comment fraud because the GAO accepted that request in October.
  • The FCC's net neutrality repeal received more than 22 million comments, but millions were apparently submitted by bots and falsely attributed to real Americans (including some dead ones) who didn't actually submit comments. Various analyses confirmed the widespread spam and fraud; one analysis found that 98.5 percent of unique comments opposed the repeal plan.
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  • The FCC's comment system makes no attempt to verify submitters' identities, and allows bulk uploads so that groups collecting signatures for letters and petitions can get them on the docket easily. It was like that even before Pai took over as chair, but the fraud became far more pervasive in the proceeding that led to the repeal of net neutrality rules. Pai's FCC did not remove any fraudulent comments from the record. Democratic FCC Commissioner Jessica Rosenworcel called for a delay in the net neutrality repeal vote because of the fraud, but the Republican majority pushed the vote through as scheduled last month. New York Attorney General Eric Schneiderman has been investigating the comment fraud and says the FCC has stonewalled the investigation by refusing to provide evidence. Schneiderman is also leading a lawsuit to reverse the FCC's net neutrality repeal, and the comment fraud could play a role in the case. "We understand that the FCC's rulemaking process requires it to address all comments it receives, regardless of who submits them," Congressional Democrats said in their letter requesting a GAO investigation. "However, we do not believe any outside parties should be permitted to generate any comments to any federal governmental entity using information it knows to be false, such as the identities of those submitting the comments."
Paul Merrell

Rural America and the 5G Digital Divide. Telecoms Expanding Their "Toxic Infrastructure... - 0 views

  • While there is considerable telecom hubris regarding the 5G rollout and increasing speculation that the next generation of wireless is not yet ready for Prime Time, the industry continues to make promises to Rural America that it has no intention of fulfilling. Decades-long promises to deliver digital Utopia to rural America by T-Mobile, Verizon and AT&T have never materialized.  
  • In 2017, the USDA reported that 29% of American farms had no internet access. The FCC says that 14 million rural Americans and 1.2 million Americans living on tribal lands do not have 4G LTE on their phones, and that 30 million rural residents do not have broadband service compared to 2% of urban residents.  It’s beginning to sound like a Third World country. Despite an FCC $4.5 billion annual subsidy to carriers to provide broadband service in rural areas, the FCC reports that ‘over 24 million Americans do not have access to high-speed internet service, the bulk of them in rural area”while a  Microsoft Study found that  “162 million people across the US do not have internet service at broadband speeds.” At the same time, only three cable companies have access to 70% of the market in a sweetheart deal to hike rates as they avoid competition and the FCC looks the other way.  The FCC believes that it would cost $40 billion to bring broadband access to 98% of the country with expansion in rural America even more expensive.  While the FCC has pledged a $2 billion, ten year plan to identify rural wireless locations, only 4 million rural American businesses and homes will be targeted, a mere drop in the bucket. Which brings us to rural mapping: Since the advent of the digital age, there have been no accurate maps identifying where broadband service is available in rural America and where it is not available.  The FCC has a long history of promulgating unreliable and unverified carrier-provided numbers as the Commission has repeatedly ‘bungled efforts to produce accurate broadband maps” that would have facilitated rural coverage. During the Senate Commerce Committee hearing on April 10th regarding broadband mapping, critical testimony questioned whether the FCC and/or the telecom industry have either the commitment or the proficiency to provide 5G to rural America.  Members of the Committee shared concerns that 5G might put rural America further behind the curve so as to never catch up with the rest of the country
Paul Merrell

Facebook, Instagram could shut down in Europe over data transfer - 0 views

  • Meta could shut down Facebook and Instagram throughout Europe if regulators are unable to hammer out a permanent data transfer deal, the company warned in a recent SEC filing. The claim from Mark Zuckerberg’s company came as officials in the European Union and US attempt to craft a new trans-Atlantic data transfer agreement. The EU’s Court of Justice struck down a previous agreement, dubbed Privacy Shield, in 2020, due to concerns it could not ensure data security for Europeans once it is sent to the US. Without a transnational deal in place, Meta could face legal and regulatory obstacles when it transfers user data, which plays a key role in its lucrative advertising business that comprises the bulk of the company’s annual revenue. “If a new transatlantic data transfer framework is not adopted and we are unable to continue to rely on SCCs (standard contractual clauses) or rely upon other alternative means of data transfers from Europe to the United States, we will likely be unable to offer a number of our most significant products and services, including Facebook and Instagram, in Europe,” Meta officials said in the filing.
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