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The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.

The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”

Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.

28 March 2011 -- The Web and television convergence story was the focus of W3C's Second Web and TV Workshop, which took place in Berlin in February. Today, W3C publishes a report that summarizes the discussion among the 77 organizations that participated, including broadcasters, telecom companies, cable operators, OTT (over the top) companies, content providers, device vendors, software vendors, Web application providers, researchers, governments, and standardization organizations active in the TV space. Convergence priorities identified in the report include: Adaptive streaming over HTTP Home networking and second-screen scenarios The role of metadata and relation to Semantic Web technology Ensuring that convergent solutions are accessible. Profiling and testing Possible extensions to HTML5 for Television

Following up on its announcement at The Cable Show last month, Cox Communications is now offering more detail on the company's pending rollout of gigabit broadband services throughout its territories. (See Cox Goes for a Gigabit .) Cox Communications Inc. is targeting Phoenix, Las Vegas, and Omaha as its first new gigabit markets and plans to begin deployments across its entire footprint by the end of 2016. In addition to residential home service, the company will offer gigabit connectivity to select condominiums and apartments and will expand WiFi service both in common areas of those multi-dwelling units (MDU) and in public locations across the Phoenix and Las Vegas metro areas. The announcement by Cox, the first major North American MSO to make a 1-Gig commitment throughout its footprint, follows a recent pattern of competitive announcements from broadband service providers. Typically, one operator introduces or says it will explore delivery of higher broadband speeds, and then other local providers rapidly follow suit. In February, for instance, Google Fiber Inc. said it would look at expanding fiber service to 34 new cities, including Phoenix, where it will compete against Cox for the first time. (See Google Fiber Shifts Into High Gear.)

At the same time, CenturyLink Inc. (NYSE: CTL) began offering gigabit service in Las Vegas last fall and in Omaha last May, putting Cox on the hot seat in those two markets as well. This isn't Cox's first venture into gigabit broadband service. In addition to providing gigabit connections to commercial customers, the operator started a fiber-to-the-home trial service in Orange County, Calif. last year. For the company's upcoming deployments, a spokesperson noted that Cox hasn't yet specified which technologies it will use, but said that it will rely on portions of Cox's existing network in addition to newer fiber infrastructure.

In an appearance at the Consumer Electronics Show in Las Vegas today, FCC Chairman Tom Wheeler indicated that he will move to protect Net Neutrality by reclassifying Internet access under Title II of the Communications Act. The chairman plans to circulate a new rule in early February. The agency is expected to vote on it during its Feb. 26 open meeting. Free Press President and CEO Craig Aaron made the following statement: “Chairman Wheeler appears to have heard the demands of the millions of Internet users who have called for real Net Neutrality protections. The FCC’s past decisions to put its oversight authority on ice resulted in Net Neutrality being under constant threat. Wheeler now realizes that it’s best to simply follow the law Congress wrote and ignore the bogus claims of the biggest phone and cable companies and their well-financed front groups. “Of course the devil will be in the details, and we await publication of the agency's final decision. But it’s refreshing to see the chairman firmly reject the industry’s lies and scare tactics. As we’ve said all along, Title II is a very flexible, deregulatory framework that ensures investment and innovation while also preserving the important public interest principles of nondiscrimination, universal service, interconnection and competition.”

Google will begin using website encryption, or HTTPS, as a ranking signal – a move which should prompt website developers who have dragged their heels on increased security measures, or who debated whether their website was “important” enough to require encryption, to make a change. Initially, HTTPS will only be a lightweight signal, affecting fewer than 1% of global queries, says Google. That means that the new signal won’t carry as much weight as other factors, including the quality of the content, the search giant noted, as Google means to give webmasters time to make the switch to HTTPS. Over time, however, encryption’s effect on search ranking make strengthen, as the company places more importance on website security. Google also promises to publish a series of best practices around TLS (HTTPS, is also known as HTTP over TLS, or Transport Layer Security) so website developers can better understand what they need to do in order to implement the technology and what mistakes they should avoid. These tips will include things like what certificate type is needed, how to use relative URLs for resources on the same secure domain, best practices around allowing for site indexing, and more.

In addition, website developers can test their current HTTPS-enabled website using the Qualys Lab tool, says Google, and can direct further questions to Google’s Webmaster Help Forums where the company is already in active discussions with the broader community. The announcement has drawn a lot of feedback from website developers and those in the SEO industry – for instance, Google’s own blog post on the matter, shared in the early morning hours on Thursday, is already nearing 1,000 comments. For the most part, the community seems to support the change, or at least acknowledge that they felt that something like this was in the works and are not surprised. Google itself has been making moves to better securing its own traffic in recent months, which have included encrypting traffic between its own servers. Gmail now always uses an encrypted HTTPS connection which keeps mail from being snooped on as it moves from a consumer’s machine to Google’s data centers.

While HTTPS and site encryption have been a best practice in the security community for years, the revelation that the NSA has been tapping the cables, so to speak, to mine user information directly has prompted many technology companies to consider increasing their own security measures, too. Yahoo, for example, also announced in November its plans to encrypt its data center traffic. Now Google is helping to push the rest of the web to do the same.

Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.

Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.

Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)

Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:

In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”

If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.

A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.

But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.

The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 

A bill that would bring a local version of net neutrality to Oregon is headed for the Governor's desk.House Bill 4155 would prevent public bodies such as state and local governments and school districts, from contracting with broadband providers that engage in "paid prioritization."An example of paid prioritization would be a provider supplying faster internet speeds to an entity like Amazon's streaming service, provided Amazon pays an extra fee.The bill passed easily in both the House and Senate, despite opposition from several Republicans.

The Oregon Cable Telecommunications Association opposed the bill, as did Comcast and Century Link, two local broadband providers.

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

Vowing to take on the telecom giants that have monopolized the web for private profit, Sen. Bernie Sanders on Friday unveiled a $150 billion plan to make the internet a public utility, break up and tightly regulate corporate behemoths like Verizon and AT&T, and provide high-speed broadband for everyone in the United States.

It is outrageous that across the country millions of Americans and so many of our communities do not have access to affordable high-speed internet," Sanders, a 2020 Democratic presidential candidate, said in a statement. "Access to the internet is a necessity in today's economy, and it should be available for all." Sanders vowed that, if elected president in 2020, he will ensure that every American household has affordable and high-speed internet by the end of his first term.

Sanders' plan, posted on his website, would provide $150 billion in federal funding through the Green New Deal to help states and municipalities "build publicly owned and democratically controlled, co-operative, or open access broadband networks." The proposal also calls for: Reinstating the net neutrality protections that President Donald Trump's telecom-friendly FCC repealed in 2017; Using anti-trust laws to break up internet and cable monopolies; Ensuring that all public housing in the U.S. offers free broadband; Requiring all providers to "offer a Basic Internet Plan that provides quality broadband speeds at an affordable price"; and Guaranteeing that all new broadband infrastructure is "resilient to the effects of climate change" and "capable of managing high amounts of renewable energy."

The UK government is secretly planning to force technology companies to build backdoors into their products, to enable intelligence agencies to read people’s private messages. A draft document leaked by the Open Rights Group details extreme new surveillance proposals, which would enable government agencies to spy on one in 10,000 citizens – around 6,500 people – at any one time.  The document, which follows the controversial Investigatory Powers Act, reveals government plans to force mobile operators and internet service providers to provide real-time communications of customers to the government “in an intelligible form”, and within one working day.

This would effectively ban encryption, an important security measure used by a wide range of companies, including WhatsApp and major banks, to keep people’s private data private and to protect them from hackers and cyber criminals.