Skip to main content

Home/ Future of the Web/ Group items tagged cases

Rss Feed Group items tagged

Filter: All | Bookmarks | Topics Simple Middle
Paul Merrell

Fourth Circuit adopts mosaic theory, holds that obtaining "extended" cell-site records ... - 0 views

www.washingtonpost.com/...ite-records-requires-a-warrant

surveillance state cellphone-tracking litigation 4th-Amendment

shared by Paul Merrell on 08 Aug 15 - No Cached
  • A divided Fourth Circuit has ruled, in United States v. Graham, that “the government conducts a search under the Fourth Amendment when it obtains and inspects a cell phone user’s historical [cell-site location information] for an extended period of time” and that obtaining such records requires a warrant. The new case creates multiple circuit splits, which may lead to Supreme Court review. Specifically, the decision creates a clear circuit split with the Fifth and Eleventh Circuits on whether acquiring cell-site records is a search. It also creates an additional clear circuit split with the Eleventh Circuit on whether, if cell-site records are protected, a warrant is required. Finally, it also appears to deepen an existing split between the Fifth and Third Circuits on whether the Stored Communications Act allows the government to choose whether to obtain an intermediate court order or a warrant for cell-site records. This post will cover the reasoning of the new case in detail.
Gonzalo San Gil, PhD.

Can you defame someone with a hyperlink? - 0 views

arstechnica.com/...eone-with-a-mere-hyperlink.ars

defamation hyperlink

shared by Gonzalo San Gil, PhD. on 06 Dec 10 - No Cached
  • Gonzalo San Gil, PhD. on 06 Dec 10
     
    [.... "Gang of Crookes" Newton is the publisher of p2pnet, a site which has for years chronicled the online file-sharing world. Back in 2006, Newton wrote a piece about local Vancouver businessman Wayne Crookes, the owner of West Coast Title Search Ltd. Crookes had just sued a man named Mike Pilling for writing allegedly defamatory articles about Crookes and publishing them on the Internet (Crookes had previously fired Pilling from Canada's Green Party, in which Crookes volunteers). Pilling's articles relied on the obvious pun here, using titles like "Friends of Crookes" and "Gang of Crookes." In covering the free speech aspects of the case, Newton linked to the articles in question. Crookes demanded Newton remove those links, saying that Newton himself could be liable for defamation. Newton refused; Crookes sued. ....]
Paul Merrell

Cloud computing with Amazon Web Services, Part 1: Introduction - 0 views

www.ibm.com/...ar-cloudaws1

amazon elastic compute business models cloud computing

shared by Paul Merrell on 05 Aug 08 - Cached
  • Cloud computing is a paradigm shift in how we architect and deliver scalable applications. In the past, successful companies spent precious time and resources building an infrastructure that in turn provided them a competitive advantage. It was frequently a case of "You build it first and they will come." In most cases, this approach: Left large tracts of unused computing capacity that took up space in big data centers. Required someone to babysit the servers. Had associated energy costs. The unused computing power wasted away, with no way to push it out to other companies or users who might be willing to pay for additional compute cycles. With cloud computing, excess computing capacity can be put to use and be profitably sold to consumers. This transformation of computing and IT infrastructure into a utility, which is available to all, somewhat levels the playing field.
  • According to Amazon’s estimates, businesses spend about 70 percent of their time on building and maintaining their infrastructures while using only 30 percent of their precious time actually working on the ideas that power their businesses.
  • anonymous on 03 Oct 13
     
    We're a 100% free online dating site. View photos of singles in your area, see who's online now! Never pay for online dating, chat with singles here for free. www.sugarhoneys4u.com Match.com is the number one destination for online dating with more dates, more relationships, & more marriages than any other dating or personals site. www.killdo.de.gg 1 in 5 relationships now start online. Start dating for free with match.com, the dating site with more relationships & marriages than any other site.
Paul Merrell

IDABC - TESTA: Trans European Services for Telematics between Admini - 0 views

ec.europa.eu/...2097

architecture competition european idabc internet interop soa standards testa union

shared by Paul Merrell on 31 Aug 08 - Cached
  •     The need for tight security may sometimes appear to clash with the need to exchange information effectively. However, TESTA offers an appropriate solution. It constitutes the European Community's own private network, isolated from the Internet and allows officials from different Ministries to communicate at a trans-European level in a safe and prompt way.
  • What is TESTA?ObjectivesHow does it work?AchievementsWho benefits?The role of TESTA in IDABCThe future of TESTATechnical InformationDocumentation
  • What is TESTA? TESTA is the European Community's own private, IP-based network. TESTA offers a telecommunications interconnection platform that responds to the growing need for secure information exchange between European public administrations. It is a European IP network, similar to the Internet in its universal reach, but dedicated to inter-administrative requirements and providing guaranteed performance levels.
  • Paul Merrell on 31 Aug 08
     
    Note that Barack Obama's campaign platform technology plank calls for something similar in the U.S., under the direction of the nation's first National CIO, with an emphasis on open standards, interoperability, and reinvigorated antitrust enforcement. Short story: The E.U. is 12 years ahead of the U.S. in developing a regional SOA connecting all levels of government and in the U.S., open standards-based eGovernment has achieved the status of a presidential election issue. All major economic powers either follow the E.U.'s path or get left in Europe's IT economic dust. The largest missing element of the internet, a unified internet architecture that rejects big vendor incompatible IT standard games, is under way. I can't stress too much how key TESTA has been in the E.U.'s initiatives regarding document formats, embrace of open source software, and competition law intervention in the IT industry (e.g., the Microsoft case). The E.U. is very serious about restoring competition in the IT market, using both antitrust law and the government procurement power.
Gary Edwards

Ajaxian » Making creating DOM-based applications less of a hassle - 0 views

ajaxian.com/...-applications-less-of-a-hassle

ajax dom html javascript

shared by Gary Edwards on 22 Aug 08 - Cached
  • Dojo also has an implementation of the Django templating language, dojox.dtl. This is an extremely powerful template engine that, similar to this one, creates the HTML once, then updates it when the data changes. You simply update the data, call the template.render method, and the HTML is updated - no creating nodes repeatedly, no innerHTML or nodeValue access.
  • Gary Edwards on 22 Aug 08
     
    a framework for JavaScript applications called ViewsHandler. ViewsHandler is not another JavaScript templating solution but works on the assumption that in most cases you'll have to create a lot of HTML initially but you'll only have to change the content of some elements dynamically as new information gets loaded or users interact with the app. So instead of creating a lot of HTML over and over again all I wanted to provide is a way to create all the needed HTML upfront and then have easy access to the parts of the HTML that need updating. The first thing you'll need to do to define your application is to create an object with the different views and pointers to the methods that populate the views:
Gary Edwards

SXSW: Big Browsers Butt Heads - AppScout - 0 views

www.appscout.com/...sw_big_browsers_butt_heads.php

webkit ria silverlight adobe swsw browsers

shared by Gary Edwards on 21 Mar 09 - Cached
  • Gary Edwards on 21 Mar 09
     
    From AppScout: ... "For the third year in a row, leading minds from the major browsers got together at SXSW Interactive to spar with one another over issues like Web standards and openness. As in years past, Mozilla's Brendan Eich, Microsoft's Chris Wilson, Opera's Charles McCathieNevile, and moderator Arun Ranganathan (also from Mozilla) were present, and this year they were joined by Google's Darin Fisher.

    As always, Apple was absent from the panel. Wilson told me that Apple is active in the standards discussion, but the company's famously closed corporate policy prevents Apple reps from participating in panels like this (almost every laptop I saw in the room was a Mac, so apparently the policy hasn't hurt them much). In any case, Safari's WebKit was represented by Chrome (Fisher), which is also built on WebKit....."

    AppScout does a great job of collecting some of the best snippets to come out of this panel discussion. Really though, how can anyone have a browser discussion without edge of the Web WebKit device browsers? And then there's this: the discussions today isn't about "browsers". It's about RiA platforms and how browsers are used to launch rich internet applications. Microsoft has XAML-Silverlight. Adobe has AiR-WebKit-SWF. And the Open Web has WebKit-HTML+. That's the battle!
Gary Edwards

Apple's extensions: Good or bad for the open web? | Fyrdility - 0 views

a.deveria.com/?p=225

webkit safari apple microsoft interoperability

shared by Gary Edwards on 19 Mar 09 - Cached
  • Gary Edwards on 19 Mar 09
     
    Fyrdility asks the question; when it comes to the future of the Open Web, is Apple worse than Microsoft? He laments the fact that Apple pushes forward with innovations that have yet to be discussed by the great Web community. Yes, they faithfully submit these extensions and innovations back to the W3C as open standards proposals, but there is no waiting around for discussion or judgement. Apple is on a mission.

    IMHO, what Apple and the WebKit community do is not that much different from the way GPL based open source communities work, except that Apple works without the GPL guarantee. The WebKit innovations and extensions are similar to GPL forks in the shared source code; done in the open, contributed back to the community, with the community responsible for interoperability going forward.

    There are good forks and there are not so good forks. But it's not always a technology-engineering discussion that drives interop. sometimes it's marketshare and user uptake that carry the day. And indeed, this is very much the case with Apple and the WebKit community. The edge of the Web belongs to WebKit and the iPhone. The "forks" to the Open Web source code are going to weigh heavy on concerns for interop with the greater Web.

    One thing Fyrdility fails to recognize is the importance of the ACiD3 test to future interop. Discussion is important, but nothing beats the leveling effect of broadly measuring innovation for interop - and doing so without crippling innovation.

    "......Apple is heavily involved in the W3C and WHATWG, where they help define specifications. They are also well-known for implementing many unofficial CSS extensions, which are subsequently submitted for standardization. However, Apple is also known for preventing its representatives from participating in panels such as the annual Browser Wars panels at SXSW, which expresses a much less cooperative position...."
Paul Merrell

Microsoft Loses E.U. Antitrust Case - washingtonpost.com - 0 views

www.washingtonpost.com/...AR2009011604570.html

Microsoft Opera DG Competion MSIE Windows antitrust tying

shared by Paul Merrell on 17 Jan 09 - Cached
  • It ordered the software giant to untie the browser from its operating system in the 27-nation E.U.
  • The commission's investigation into Microsoft's Web-surfing software began a year ago, after the Norwegian browser-maker Opera Software filed a complaint. Opera argued that Microsoft hurt competitors not only by bundling the software, in effect giving away the browser, but also by not following accepted Web standards. That meant programmers who built Web pages would have to tweak their codes for different browsers. In many cases, they simply designed pages that worked with market-leading Internet Explorer but showed up garbled on competing browsers.
  • At the time of the complaint, Opera said it was asking E.U. regulators to either force Microsoft to market a version of Windows without the browser, or to include other browsers with Windows.
  • Paul Merrell on 17 Jan 09
     
    The Post too says that DG Competition ordered the unbundling of MSIE from Windows. But again no attribution for the statement. They also leave the impression that Opera's complaint regarding the undermining of open web standards was upheld, something not stated in either the Microsoft or DG Competition announcements. So the questions of the day are: [i] did the Commission order the unbundling of MSIE from Windows; and [ii] did the Commission also rule on the undermining of open web standards. The latter question could be of critical importance in the still ongoing proceeding regarding the ECIS complaint in regard to the undermining of ODF by Microsoft pushing OOXML.
Paul Merrell

Microsoft Statement on European Commission Statement of Objections: Statement of Object... - 0 views

www.microsoft.com/...01-16statement.mspx

Microsoft Opera DG Competion antitrust tying MSIE Windows

shared by Paul Merrell on 17 Jan 09 - Cached
  • REDMOND – Jan. 16, 2009 – “Yesterday Microsoft received a Statement of Objections from the Directorate General for Competition of the European Commission. The Statement of Objections expresses the Commission’s preliminary view that the inclusion of Internet Explorer in Windows since 1996 has violated European competition law. According to the Statement of Objections, other browsers are foreclosed from competing because Windows includes Internet Explorer.
  • The Statement of Objections states that the remedies put in place by the U.S. courts in 2002 following antitrust proceedings in Washington, D.C. do not make the inclusion of Internet Explorer in Windows lawful under European Union law.
  • Paul Merrell on 17 Jan 09
     
    Microsoft's version of events, notable for the statement that DG Competition included a specific ruling that it is not bound by the U.S. v. Microsoft decision in the U.S. That only states the obvious, but is perhaps intended to forestall somewhat Microsoft arguments that the legality of its bundling was conclusively determined in the U.S. case. If so, it may have worked; Microsoft makes no such claim in this press release.
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

europa.eu/...pressReleasesAction.do

Microsoft DG Competition antitrust MSIE tying Opera Windows

shared by Paul Merrell on 17 Jan 09 - Cached
  • MEMO/09/15 Brussels, 17th January 2009
  • The European Commission can confirm that it has sent a Statement of Objections (SO) to Microsoft on 15th January 2009. The SO outlines the Commission’s preliminary view that Microsoft’s tying of its web browser Internet Explorer to its dominant client PC operating system Windows infringes the EC Treaty rules on abuse of a dominant position (Article 82).
  • In the SO, the Commission sets out evidence and outlines its preliminary conclusion that Microsoft’s tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice. The SO is based on the legal and economic principles established in the judgment of the Court of First Instance of 17 September 2007 (case T-201/04), in which the Court of First Instance upheld the Commission's decision of March 2004 (see IP/04/382), finding that Microsoft had abused its dominant position in the PC operating system market by tying Windows Media Player to its Windows PC operating system (see MEMO/07/359).
  • ...3 more annotations...
  • The evidence gathered during the investigation leads the Commission to believe that the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90% of the world's PCs, distorts competition on the merits between competing web browsers insofar as it provides Internet Explorer with an artificial distribution advantage which other web browsers are unable to match. The Commission is concerned that through the tying, Microsoft shields Internet Explorer from head to head competition with other browsers which is detrimental to the pace of product innovation and to the quality of products which consumers ultimately obtain. In addition, the Commission is concerned that the ubiquity of Internet Explorer creates artificial incentives for content providers and software developers to design websites or software primarily for Internet Explorer which ultimately risks undermining competition and innovation in the provision of services to consumers.
  • Microsoft has 8 weeks to reply the SO, and will then have the right to be heard in an Oral Hearing should it wish to do so. If the preliminary views expressed in the SO are confirmed, the Commission may impose a fine on Microsoft, require Microsoft to cease the abuse and impose a remedy that would restore genuine consumer choice and enable competition on the merits.
  • A Statement of Objections is a formal step in Commission antitrust investigations in which the Commission informs the parties concerned in writing of the objections raised against them. The addressee of a Statement of Objections can reply in writing to the Statement of Objections, setting out all facts known to it which are relevant to its defence against the objections raised by the Commission. The party may also request an oral hearing to present its comments on the case. The Commission may then take a decision on whether conduct addressed in the Statement of Objections is compatible or not with the EC Treaty’s antitrust rules. Sending a Statement of Objections does not prejudge the final outcome of the procedure. In the March 2004 Decision the Commission ordered Microsoft to offer to PC manufacturers a version of its Windows client PC operating system without Windows Media Player. Microsoft, however, retained the right to also offer a version with Windows Media Player (see IP/04/382).
  • Paul Merrell on 17 Jan 09
     
    It's official, hot off the presses (wasn't there a few minutes ago). We're now into a process where DG Competition will revisit its previous order requiring Microsoft to market two versions of Windows, one with Media Player and one without. DG Competition staff were considerably outraged that Microsoft took advantage of a bit of under-specification in the previous order and sold the two versions at the same price. That detail will not be neglected this time around. Moreover, given the ineffectiveness of the previous order in restoring competition among media players, don't be surprised if this results in an outright ban on bundling MSIE with Windows.
Gary Edwards

When You're a WebKit Hammer, Everything Looks Like an Open Web Nail ... As it should! - 0 views

weblog.infoworld.com/...taking_ajax_lit.html

webkit web-applications web-design Safari Chrome Tom-yager Ajax JavaScript

shared by Gary Edwards on 12 Mar 09 - Cached
  • You’re still waiting for me to explain what I meant when I referred to JavaScript as a last resort. I hinted at it in the preceding paragraph. Not the part on JavaScript debugging, but my reference to CSS and HTML. These do a lot more than paint screens. They are a browser's client-side framework. Everything they do is handled as native code. In other words, they're fast. CSS3 and HTML5 are too inconsistently implemented (if at all) across browsers to design to unless you're specifically targeting Safari, iPhone, or other WebKit-based browsers.
    • Gary Edwards
      Gary Edwards on 12 Mar 09
       
      Tom makes the point that the use of AJAX JavaScript breaks Web interoperability. He further points out that HTML is a static layout language, where CSS is dynamic and adaptive. (Use HTML5/DOM for document structure, and CSS4 for presentation - layout, formatting and visual interface).

      It is the consistency of the WebKit document model across all WebKit browsers that makes for an interoperable Open Web future. I would not however discount the importance of Firefox and Opera embracing the WebKit document model (HTML5, CSS4, SVG/Canvas, JavaScript, DOM2). That's our guarantee that the future of the Open Web will actually be open.

      Tom goes on to suggest that instead of "AJAX", developers would be better off thinking in terms of "ACHJAX": Asynchronous CSS4 - HTML5 - JavaScript and XML ..... with the focus on getting as much done in CSS4 as possible.
  • Gary Edwards on 12 Mar 09
     
    InfoWorld's Tom Yager makes the case for the WebKit visual document model over AJAX. The problem with AJAX as he sees it is that it's JavaScript heavy. And that breaks precious Web interoperability. He makes the point that if something can be done in CSS, it should. He also argues that WebKit is the best tool because the document model is that of advanced HTML5 and CSS3.

    "... These [WebKit] browsers also share a stellar accelerated JavaScript interpreter that makes the edit/run/debug cycle go faster. They are also the only browsers that deliver on CSS4 and HTML5 standards (with some elements that are proposed to the W3C standards body). Sites that are visually rich may start sprouting "best viewed with Safari" banners until other browsers catch up. The banner would also let users know that your site is optimized for iPhone....."

    Humm. Did you catch that? CSS4!!! I guess he's referring to the WebKit penchant for putting advanced graphical transitions and animations into CSS instead of relying on a device specific or OS specific API.

    Placing the visual interface instructions in the documents presentation layer (CSS4) is a revolutionary idea. The WebKit model will go a long way towards creating a global interoperability layer that rides above lower device, OS, browser and application specifics. So yes, by all means let's go with CSS4 :)

Gary Edwards

ongoing · What's "Cloud Interop"? - 0 views

www.tbray.org/...What-Does-Interop-Mean

Cloud-Computing interop

shared by Gary Edwards on 13 Feb 09 - Cached
  • Gary Edwards on 13 Feb 09
     
    The question that seems more important than all the rest is "Can I afford to switch vendors?" Let's consider some examples. When printers wear out, you can buy new printers from whoever with little concern for switching cost. If you're unhappy with your current servers, you can replace them with models from lots of vendors (Sun, Dell, HP, IBM, others) without worrying too much about compatibility (well, you may have some racking and cabling pain); the issues are price, performance, and support. If you're grouchy about your OS, you can move between *n*x flavors like Debian, SUSE, and Solaris pretty freely in most (granted, not all) cases; with maybe some deployment and sysadmin pain. If you're unhappy with your desktop environment, well too bad, you're stuck. Your users are too deeply bought into some combination of Outlook calendaring and Excel macros and Sharepoint collab. The price of rebuilding the whole environment is simply too high for most businesses to consider. If you're unhappy with your Oracle licensing charges, you probably have to suck it up and deal with it. SQL is a good technology but a lousy standard, offering near-zero interoperability; the cost of re-tooling your apps so they'll run on someone else's database is probably unthinkable. Like they say, you date your systems vendor but you marry Larry Ellison.
Gary Edwards

The Plot to Kill Google | Wired - 0 views

www.wired.com/...ff_killgoogle

Microsoft google anti-trust yahoo

shared by Gary Edwards on 03 Feb 09 - Cached
  • Gary Edwards on 03 Feb 09
     
    Caught this at Clusterstock and found it to be quite the story! ClusterStock's John Carney focused on how Microsoft was using governemnt muscle to trip up competitors. Now it's Googles turn. From the Wired story: "Then, late in the day, Barnett brought up the two words Google lawyers least wanted to hear: Section Two-as in, Section Two of the Sherman Antitrust Act, which criminalizes monopolies. The Justice Department invoked Section Two to splinter Standard Oil in 1911, break up AT&T in 1982, and prosecute Microsoft in 1998. Now Barnett was signaling not just that the Google-Yahoo deal was dead but that the government saw Google as a potential monopolist. In fact, Barnett insisted, if the deal wasn't substantially changed or scuttled, he would sue within five days. It was a stunning blow. Google had expected a speedy approval. Now the company, whose brand is defined by its "Don't be evil" slogan, faced the prospect of being hauled into court on an antitrust charge. Google and Yahoo tried to salvage the negotiations, but on the morning of November 5, three hours before the DOJ was going to file its antitrust case, they abandoned the deal."
Gary Edwards

The Next Battle for the Desktop : Portable RiA Runtime Engines - 0 views

ajax.sys-con.com/548350

ria

shared by Gary Edwards on 06 Nov 08 - Cached
  • The choices for desktop runtimes will be more flexible and will largely be driven by the type of applications rather than the type of platform. It’s likely that desktop computers will eventually ship with two or three different runtimes and that consumers will be more or less ignorant of which one they are using. What will determine the success of one desktop runtime over others will be the execution and development environment. Desktop runtimes that provide the most processing power, speed of execution, and security will dominate. In this scenario the end-user is no longer the customer, it's independent software developers and Integrated Software Vendors that are of primary importance. It’s the developers who will choose the platform on which they create cross-platform applications – the consumer will be largely ignorant of the choices made.  With the exception of download and install differences, the applications will look the same to end-users.
    • Gary Edwards
      Gary Edwards on 06 Nov 08
       
      "It's independent application developers and integrated software vendors that determine which RiA platforms will prevail. Will this group value "cross-platform" RiA? Or will they go for integrated cloud services designed to drive down the cost of development and implementation? Integration into existing business systems i think will trump cross-platform concerns. For sure Microsoft is betting the farm on this.
  • Gary Edwards on 06 Nov 08
     
    The computer desktop - as was the case with newspapers before there was radio and radio before there was television - has become the high ground from which empires are built. While dominance of the desktop has been maintained for the last decade or more by Microsoft, which at one point represented 95% of the desktops used by all consumers, the future is less certain.it will not be a single operating system that prevails. In the end it will be desktop runtimes that become the most important platforms A desktop runtime is a platform that provides a consistent runtime environment regardless of the underlying operating system. Desktop runtimes are already extending beyond their primary target platform, the desktop, to the Fourth Screen - smart phones.
Gary Edwards

InformationWeek 500: Monsanto's Collaborative Growth Plan -- Emerging Technology -- Inf... - 0 views

www.informationweek.com/...showArticle.jhtml

collaboration msoffice sharepoint

shared by Gary Edwards on 19 Sep 08 - Cached
  • Gary Edwards on 19 Sep 08
     
    "By combining unified communications, IM, SharePoint, and blogs and wikis while protecting its IP, Monsanto is advancing teamwork." InformationWeek has posted a number of technology innovation-implementation profiles. Monsanto is one of the best "collaborative" examples, although it's very similar to the model GE presented at Office 2.0. These colalborative concepts go back 1998, and the early work Ars Digita was doing with the first "Knowledgeware" - wiki applications. The first "use case" to be published was that of the global electronics giant, Siemanns. Notice the SharePoint - MSOffice integration as a key element in the Monsanto collaboration strategy. That connection "forced" Monsanto to rebuild their document databases and portals using SharePoint and SQL Server.
Gary Edwards

Breaking the Web: The Document War between HTML+ and OOXML - 0 views

talkback.zdnet.com/5208-12558-0.html

html OOXML Microsoft Open-Web

shared by Gary Edwards on 25 Jun 09 - Cached
  • Gary Edwards on 25 Jun 09
     
    Microsoft to the world: Outlook's not broken and we aren't 'fixing' it! Mary Jo has an interesting article over at ZDNet. She points out that Microsoft is refusing to restore support for HTML editing in Outlook. Instead, Microsoft intends on using the MSWord editor. I think that means a Microsoft desktop future based on Office OpenXML (OOXML). We shall see. But if this is the case, then i also think we are looking at how Microsoft will break the Web. I've left an extensive comment to Mary Jo's article in the Talkback section, linked to above. ".... This is for all the marbles. The future of the Open Web is at stake. If Microsoft is successful at carving out and encoding an MS Web based on a document format specific to their platforms, applications and services, the Web will break. "
    "Looks like a plan to me."
    continued here
Gonzalo San Gil, PhD.

RIAA lobbyist becomes federal judge, rules on file-sharing cases - 0 views

arstechnica.com/...ules-on-file-sharing-cases.ars

shared by Gonzalo San Gil, PhD. on 06 Apr 11 - No Cached
Paul Merrell

Transparency Toolkit - 0 views

transparencytoolkit.org/about.html

transparency transparency-tools research-resources

shared by Paul Merrell on 30 May 14 - No Cached
  • About Transparency Toolkit We need information about governments, companies, and other institutions to uncover corruption, human rights abuses, and civil liberties violations. Unfortunately, the information provided by most transparency initiatives today is difficult to understand and incomplete. Transparency Toolkit is an open source web application where journalists, activists, or anyone can chain together tools to rapidly collect, combine, visualize, and analyze documents and data. For example, Transparency Toolkit can be used to get data on all of a legislator’s actions in congress (votes, bills sponsored, etc.), get data on the fundraising parties a legislator attends, combine that data, and show it on a timeline to find correlations between actions in congress and parties attended. It could also be used to extract all locations from a document and plot them on a map where each point is linked to where the location was mentioned in the document.
  • Analysis Platform On the analysis platform, users can add steps to the analysis process. These steps chain together the tools, so someone could scrape data, upload a document, crossreference that with the scraped data, and then visualize the result all in less than a minute with little technical knowledge. Some of the tools allow users to specify input, but when this is not the case the output of the last step is the input of the next. Tools Existing and planned Transparency Toolkit tools include include scrapers and APIs for accessing data, format converters, extraction tools (for dates, names, locations, numbers), tools for crossreferencing and merging data, visualizations (maps, timelines, network graphs, maps), and pattern and trend detecting tools. These tools are designed to work in many cases rather than a single specific situation. The tools can be linked together on Transparency Toolkit, but they are also available individually. Where possible, we build our tools off of existing open source software. Road Map You can see the plans for future development of Transparency Toolkit here.
  • Paul Merrell on 30 May 14
     
    If you think this isn't a tool for some very serious research, check the short descriptions of the modules here. https://github.com/transparencytoolkit I'll be installing this and doing some test-driving soon. From the source files, the glue for the tools seems to be Ruby on Rails. The development roadmap linked from the last word on this About page is also highly instructive. It ranks among the most detailed dev roadmaps I have ever seen. Notice that it is classified by milestones with scheduled work periods, giving specific date ranges for achievement. Even given the inevitable need to alter the schedule for unforeseen problems, this is a very aggressive (not quite the word I want) development plan and schedule. And the planned changes look to be super-useful, including a lot of "make it easier for the user" changes.   
Paul Merrell

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.”
  • 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.”
  • 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.”
  • ...5 more annotations...
  • 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.”
  • 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.”
  • 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.
  • 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. ”
  • 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.”
Gonzalo San Gil, PhD.

Pro-Privacy Senator Wyden on Fighting the NSA From Inside the System | WIRED - 1 views

www.wired.com/...senator-ron-wyden-q-a

Wyden senator US nsa fighting system inside wired

shared by Gonzalo San Gil, PhD. on 23 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 23 Oct 14
     
    "Senator Ron Wyden thought he knew what was going on. The Democrat from Oregon, who has served on the Senate Select Committee on Intelligence since 2001, thought he knew the nature of the National Security Agency's surveillance activities. As a committee member with a classified clearance, he received regular briefings to conduct oversight."
  • Paul Merrell on 24 Oct 14
     
    I'm a retired lawyer in Oregon and a devout civil libertarian. Wyden is one of my senators. I have been closely following this government digital surveillance stuff since the original articles in 1988 that first broke the story on the Five Eyes' Echelon surveillance system. E.g., http://goo.gl/mCxs6Y While I will grant that Wyden has bucked the system gently (he's far more a drag anchor than a propeller), he has shown no political courage on the NSA stuff whatsoever. In the linked article, he admits keeping his job as a Senator was more important to him than doing anything *effective* to stop the surveillance in its tracks. His "working from the inside" line notwithstanding, he allowed creation of a truly Orwellian state to develop without more than a few ineffective yelps that were never listened to because he lacked the courage to take a stand and bring down the house that NSA built with documentary evidence. It took a series of whistleblowers culminating in Edward Snowden's courageous willingness to spend the rest of his life in prison to bring the public to its currently educated state. Wyden on the other hand, didn't even have the courage to lay it all out in the public Congressional record when he could have done so at any time without risking more than his political career because of the Constitution's Speech and Debate Clause that absolutely protects Wyden from criminal prosecution had he done so. I don't buy arguments that fear of NSA blackmail can excuse politicians from doing their duty. That did not stop the Supreme Court from unanimously laying down an opinion, in Riley v. California, that brings to an end the line of case decisions based on Smith v. Maryland that is the underpinning of the NSA/DoJ position on access to phone metadata without a warrant. http://scholar.google.com/scholar_case?case=9647156672357738355 Elected and appointed government officials owe a duty to the citizens of this land to protect and defend the Constitution that legallh
« First ‹ Previous 121 - 140 of 270 Next › Last »
Showing 20▼ items per page