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Paul Merrell

U.S. vs. Facebook: A Playbook for SEC, DOJ and EDNY - 0 views

  • Six4Three recently published a playbook for the FTC to get to the bottom of Facebook’s secretive deals selling user data without privacy controls. In light of The New York Times article reporting multiple criminal investigations into Facebook surrounding these secretive deals, we’re publishing the playbook for criminal investigators.Perhaps the most important recognition at the outset is that the secretive deals that have been reported, whether those with a handful of device manufacturers or with 150 large technology companies, are just the tip of the iceberg. Those secretive deals handing over user data in exchange for gobs of cash were merely part and parcel of a much broader illegal scheme that begins with Facebook’s transition to mobile in 2012 and continues to this very day. We believe this illegal scheme amounts to a clear RICO violation. The United Kingdom Parliament agrees. Here’s how criminal investigators can overcome Facebook’s incredibly effective concealment campaign and bring a viable RICO case.Facebook’s pattern of racketeering activity is a play in three acts from at least 2012 to present. The first act is all about the desperation resulting from the collapse of Facebook’s desktop advertising business right around its IPO and the various securities violations that resulted. The second act is about covering up those securities violations by illegally building its mobile advertising business via extortion and wire fraud in order to close the gap in Facebook’s revenue projections before the world took notice, which likely resulted in additional securities violations. The third act is about covering up the extortion and wire fraud by lying to government officials investigating Facebook while continuing to effectuate the scheme. We are still in the third act.For almost a decade now Facebook has been covering up one illegal act with another in order to hide how it managed to ramp up its mobile advertising business faster than any other business in the history of capitalism. The abuses of Facebook’s data, from Russian interference in the 2016 election to Cambridge Analytica and Brexit, all stem in substantial part from the decisions Facebook knowingly, willfully and maliciously made to facilitate this criminal conspiracy. Put simply, Facebook’s transition to mobile destabilized the world.
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    This is so reminiscent of Microsoft tactics at the point that antitrust regulators stepped in.
Paul Merrell

Facebook's Marketplace Faces Antitrust Probes in EU, U.K. - WSJ - 1 views

  • The European Union and the U.K. opened formal antitrust investigations into Facebook Inc.’s FB -0.86% classified-ads service Marketplace, ramping up regulatory scrutiny for the company in Europe. Both the European Commission—the EU’s top antitrust enforcer—and the U.K.’s Competition and Markets Authority said Friday they are investigating whether Facebook repurposes data it gathers from advertisers who buy ads in order to give illegal advantages to its own services, including its Marketplace online flea market. The U.K. added that it is also investigating whether Facebook uses advertiser data to give similar advantages to its online-dating service. The two competition watchdogs said they would coordinate their investigations.
  • Separately on Friday, Germany’s competition regulator announced that it is opening an investigation into Google’s News Showcase, in which the tech company pays to license certain content from news publishers. That probe, which is based on new powers Germany had granted the regulator, will look among other things at whether Google is imposing unfair conditions on publishers and how it selects participants, the Federal Cartel Office said.
  • The three newly opened cases are part of a new wave of antitrust enforcement in Europe. The European Commission filed formal charges last month against Apple Inc. for allegedly abusing its control over the distribution of music-streaming apps, including Spotify Technology SA . In November, it filed formal charges against Amazon.com Inc. for allegedly using nonpublic data it gathers from third-party sellers to unfairly compete against them. Both companies denied wrongdoing. At the same time, the U.K.’s CMA has opened investigations into Google’s announcement that it will retire third-party cookies, a technology advertisers use to track web users, and whether Apple imposes anticompetitive conditions on some app developers, including the use of Apple’s in-app payment system, which is also the subject of a lawsuit in the U.S. In the EU, the European Commission has been investigating Facebook for more than a year on multiple fronts. Facebook and the Commission have squabbled over access to internal documents as part of those investigations.
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  • New York State Attorney General Letitia James outlined in December a sweeping antitrust suit against Facebook by the Federal Trade Commission and a bipartisan group of 46 state attorneys general, targeting the company’s tactics against competitors. Photo: Saul Loeb/AFP via Getty Images (Video from 12/9/20)
Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
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  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

The People and Tech Behind the Panama Papers - Features - Source: An OpenNews project - 0 views

  • Then we put the data up, but the problem with Solr was it didn’t have a user interface, so we used Project Blacklight, which is open source software normally used by librarians. We used it for the journalists. It’s simple because it allows you to do faceted search—so, for example, you can facet by the folder structure of the leak, by years, by type of file. There were more complex things—it supports queries in regular expressions, so the more advanced users were able to search for documents with a certain pattern of numbers that, for example, passports use. You could also preview and download the documents. ICIJ open-sourced the code of our document processing chain, created by our web developer Matthew Caruana Galizia. We also developed a batch-searching feature. So say you were looking for politicians in your country—you just run it through the system, and you upload your list to Blacklight and you would get a CSV back saying yes, there are matches for these names—not only exact matches, but also matches based on proximity. So you would say “I want Mar Cabra proximity 2” and that would give you “Mar Cabra,” “Mar whatever Cabra,” “Cabra, Mar,”—so that was good, because very quickly journalists were able to see… I have this list of politicians and they are in the data!
  • Last Sunday, April 3, the first stories emerging from the leaked dataset known as the Panama Papers were published by a global partnership of news organizations working in coordination with the International Consortium of Investigative Journalists, or ICIJ. As we begin the second week of reporting on the leak, Iceland’s Prime Minister has been forced to resign, Germany has announced plans to end anonymous corporate ownership, governments around the world launched investigations into wealthy citizens’ participation in tax havens, the Russian government announced that the investigation was an anti-Putin propaganda operation, and the Chinese government banned mentions of the leak in Chinese media. As the ICIJ-led consortium prepares for its second major wave of reporting on the Panama Papers, we spoke with Mar Cabra, editor of ICIJ’s Data & Research unit and lead coordinator of the data analysis and infrastructure work behind the leak. In our conversation, Cabra reveals ICIJ’s years-long effort to build a series of secure communication and analysis platforms in support of genuinely global investigative reporting collaborations.
  • For communication, we have the Global I-Hub, which is a platform based on open source software called Oxwall. Oxwall is a social network, like Facebook, which has a wall when you log in with the latest in your network—it has forum topics, links, you can share files, and you can chat with people in real time.
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  • We had the data in a relational database format in SQL, and thanks to ETL (Extract, Transform, and Load) software Talend, we were able to easily transform the data from SQL to Neo4j (the graph-database format we used). Once the data was transformed, it was just a matter of plugging it into Linkurious, and in a couple of minutes, you have it visualized—in a networked way, so anyone can log in from anywhere in the world. That was another reason we really liked Linkurious and Neo4j—they’re very quick when representing graph data, and the visualizations were easy to understand for everybody. The not-very-tech-savvy reporter could expand the docs like magic, and more technically expert reporters and programmers could use the Neo4j query language, Cypher, to do more complex queries, like show me everybody within two degrees of separation of this person, or show me all the connected dots…
  • We believe in open source technology and try to use it as much as possible. We used Apache Solr for the indexing and Apache Tika for document processing, and it’s great because it processes dozens of different formats and it’s very powerful. Tika interacts with Tesseract, so we did the OCRing on Tesseract. To OCR the images, we created an army of 30–40 temporary servers in Amazon that allowed us to process the documents in parallel and do parallel OCR-ing. If it was very slow, we’d increase the number of servers—if it was going fine, we would decrease because of course those servers have a cost.
  • For the visualization of the Mossack Fonseca internal database, we worked with another tool called Linkurious. It’s not open source, it’s licensed software, but we have an agreement with them, and they allowed us to work with it. It allows you to represent data in graphs. We had a version of Linkurious on our servers, so no one else had the data. It was pretty intuitive—journalists had to click on dots that expanded, basically, and could search the names.
Paul Merrell

Mozilla Sets New Plans for Do Not Track Browser | Adweek - 0 views

  • Much to the disappointment of the digital advertising establishment, Mozilla is going ahead with plans to automatically block third-party cookie tracking in its Firefox browser. Mozilla first announced its Do Not Track browser in February, only to back off in May saying it needed to do more testing. But that didn't stop a growing chorus of loud protests from the advertising community, which argued that the browser would choke off the ad-supported Internet. The Interactive Advertising Bureau's general counsel Mike Zaneis called Mozilla's browser nothing less than a "nuclear first strike" against the ad community. No date has been set for when Firefox will turn on the feature, but advertisers, which have been regularly meeting with Mozilla and were hopeful for a compromise, are already lashing back at Mozilla.
  • "It's troubling," said Lou Mastria, the managing director for the Digital Advertising Alliance, which manages an online self-regulatory program called Ad Choices that provides consumers with the choice to opt-out of targeted ads. "They're putting this under the cloak of privacy, but it's disrupting a business model," Mastria said. Advertisers are worried that Mozilla's plans could be the death knell to thousands of small Web publishers that depend on third-party targeted ads to stay in business. Nearly 1,000 signed a petition urging Mozilla to change its plans.  "One publisher said that 20 percent of their business would go away. That's huge," said Mastria. "Mozilla is really picking business model winners and losers."
  • Not all cookies will be blocked under Mozilla's latest plans for its proposed browser; there will be exceptions. Through a partnership with the Center for Internet and Society at Stanford Law School, the two are launching a Cookie Clearinghouse. Overseen by a six-person panel, it will determine a list of undesirable cookies and then block those. "The Cookie Clearinghouse will create, maintain and publish objective information," Aleecia McDonald, director of privacy at CIS, said in a statement. "Web browser companies will be able to choose to adopt the lists we publish to provide new privacy options to their users." But others say the approach is far from objective. "What these organizations and the privacy groups that back them are really saying is 'let us choose for you because we know best,' " said Daniel Castro, a senior analyst with the Information Technology and Innovation Foundation. "The proponents of this model have claimed they are empowering users. ... This is basically Sarah Palin's 'Death Panels' but for the Internet."
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  • Advertisers have so far resisted some of the Do Not Track proposals advocated by privacy groups arguing they are technological solutions that could quickly be rendered obsolete by the fast-moving Internet economy. When Micosoft launched its Do Not Track default browser, advertisers said they would not honor it. Meanwhile, members of the World Wide Web Consortium's tracking group, represented by advertisers, privacy groups and other stakeholders, have been unable to reach consensus about a universal Do Not Track browser solution. In Congress, where baseline privacy legislation has moved at a glacial pace, Mozilla's news gave Sen. Jay Rockefeller (D-W.Va.) more ammunition for his Do Not Track Online Act. Introduced earlier this year, the bill hasn't gotten much traction and only has one co-sponsor, Sen. Richard Blumenthal (D-Conn.). "With major Web browsers now starting to provide privacy protections by default, it's even more important to give businesses the regulatory certainty they need and consumers the privacy protections they deserve," Rockefeller said in a statement. "I hope this will end the emerging back and forth so we can act quickly to pass new legislation."
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    Cookie Clearinghouse. Overseen by a six-person panel, it will determine a list of undesirable cookies and then block those.
Paul Merrell

News - Antitrust - Competition - European Commission - 0 views

  • Google inquiries Commission accuses Google of systematically favouring own shopping comparison service Infographic: Google might be favouring 'Google Shopping' when displaying general search results
  • Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on AndroidWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission opens formal investigation against Google in relation to Android mobile operating systemWed, 15 Apr 2015 10:00:00 GMTAntitrust: Commission sends Statement of Objections to Google on comparison shopping serviceWed, 15 Apr 2015 10:00:00 GMTStatement by Commissioner Vestager on antitrust decisions concerning GoogleWed, 15 Apr 2015 11:39:00 GMT
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    The more interesting issue to me is the accusation that Google violates antitrust law by boosting its comparison shopping search results in its search results, unfairly disadvantaging competing shopping services and not delivering best results to users. What's interesting to me is that the Commission is attempting to portray general search as a separate market from comparison shopping search, accusing Google of attempting to leverage its general search monopoly into the separate comoparison shopping search market. At first blush, Iim not convinced that these are or should be regarded as separable markets. But the ramifications are enormous. If that is a separate market, then arguably so is Google's book search, its Google Scholar search, its definition search, its site search, etc. It isn't clear to me how one might draw a defensible line taht does not also sweep in every new search feature  as a separate market.   
Paul Merrell

F.B.I. Director to Call 'Dark' Devices a Hindrance to Crime Solving in a Policy Speech ... - 0 views

  • In his first major policy speech as director of the F.B.I., James B. Comey on Thursday plans to wade deeper into the debate between law enforcement agencies and technology companies about new programs intended to protect personal information on communication devices.Mr. Comey will say that encryption technologies used on these devices, like the new iPhone, have become so sophisticated that crimes will go unsolved because law enforcement officers will not be able to get information from them, according to a senior F.B.I. official who provided a preview of the speech.The speech was prompted, in part, by the new encryption technology on the iPhone 6, which was released last month. The phone encrypts emails, photos and contacts, thwarting intelligence and law enforcement agencies, like the National Security Agency and F.B.I., from gaining access to it, even if they have court approval.
  • The F.B.I. has long had concerns about devices “going dark” — when technology becomes so sophisticated that the authorities cannot gain access. But now, Mr. Comey said he believes that the new encryption technology has evolved to the point that it will adversely affect crime solving.He will say in the speech that these new programs will most severely affect state and local law enforcement agencies, because they are the ones who most often investigate crimes like kidnappings and robberies in which getting information from electronic devices in a timely manner is essential to solving the crime.
  • They also do not have the resources that are available to the F.B.I. and other federal intelligence and law enforcement authorities in order to get around the programs.Mr. Comey will cite examples of crimes that the authorities were able to solve because they gained access to a phone.“He is going to call for a discussion on this issue and ask whether this is the path we want to go down,” said the senior F.B.I. official. “He is not going to accuse the companies of designing the technologies to prevent the F.B.I. from accessing them. But, he will say that this is a negative byproduct and we need to work together to fix it.”
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  • Mr. Comey is scheduled to give the speech — titled “Going Dark: Are Technology, Privacy and Public Safety on a Collision Course?” — at the Brookings Institution in Washington.
  • In the interview that aired on “60 Minutes” on Sunday, Mr. Comey said that “the notion that we would market devices that would allow someone to place themselves beyond the law troubles me a lot.”He said that it was the equivalent of selling cars with trunks that could never be opened, even with a court order.“The notion that people have devices, again, that with court orders, based on a showing of probable cause in a case involving kidnapping or child exploitation or terrorism, we could never open that phone?” he said. “My sense is that we've gone too far when we've gone there.”
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    I'm informed that Comey will also call for legislation outlawing communication by whispering because of technical difficulties in law enforcement monitoring of such communications. 
Gonzalo San Gil, PhD.

Steal This Show S02E02: 'The Platform Is You' - TorrentFreak - 1 views

  • J.J. King on September 14, 2016 C: 3 News Bits Today we bring you the next episode of the Steal This Show podcast, discussing the latest file-sharing and copyright trends and news. In this episode we talk to returning guest Holmes Wilson, co-founder of Fight For The Future.
Paul Merrell

Privacy Shield Program Overview | Privacy Shield - 0 views

  • EU-U.S. Privacy Shield Program Overview The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, the European Commission deemed the Privacy Shield Framework adequate to enable data transfers under EU law (see the adequacy determination). The Privacy Shield program, which is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, enables U.S.-based organizations to join the Privacy Shield Framework in order to benefit from the adequacy determination. To join the Privacy Shield Framework, a U.S.-based organization will be required to self-certify to the Department of Commerce (via this website) and publicly commit to comply with the Framework’s requirements. While joining the Privacy Shield Framework is voluntary, once an eligible organization makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law. All organizations interested in joining the Privacy Shield Framework should review its requirements in their entirety. To assist in that effort, Commerce’s Privacy Shield Team has compiled resources and addressed frequently asked questions below. ResourcesKey New Requirements for Participating Organizations How to Join the Privacy ShieldPrivacy Policy FAQs Frequently Asked Questions
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    I got a notice from Dropbox tonight that it is now certified under this program. This program is fallout from an E.U. Court of Justice decision following the Snowden disclosures, holding that the then existing U.S.-E.U. framework for ptoecting the rights of E.U. citozens' data were invalid because that framework did not adequately protect digital privacy rights. This new framework is intended to comoply with the court's decision but one need only look at section 5 of the agreement to see that it does not. Expect follow-on litigation. THe agreement is at https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg Section 5 lets NSA continue to intercept and read data from E.U. citizens and also allows their data to be disclosed to U.S. law enforcement. And the agreement adds nothing to U.S. citizens' digital privacy rights. In my view, this framework is a stopgap measure that will only last as long as it takes for another case to reach the Court of Justice and be ruled upon. The ox that got gored by the Court of Justice ruling was U.S. company's ability to store E.U. citizens' data outside the E.U. and to allow internet traffic from the E.U. to pass through the U.S. Microsoft had leadership that set up new server farms in Europe under the control of a business entity beyond the jurisdiction of U.S. courts. Other I/.S. internet biggies didn't follow suit. This framework is their lifeline until the next ruling by the Court of Justice.
Paul Merrell

Lawmakers warn of 'radical' move by NSA to share information | TheHill - 0 views

  • A bipartisan pair of lawmakers is expressing alarm at reported changes at the National Security Agency that would allow the intelligence service’s information to be used for policing efforts in the United States.“If media accounts are true, this radical policy shift by the NSA would be unconstitutional, and dangerous,” Reps. Ted Lieu (D-Calif.) and Blake FarentholdBlake FarentholdLawmakers warn of 'radical' move by NSA to share information Overnight Tech: Netflix scores win over Postal Service Lawmakers go green for St. Patrick's Day MORE (R-Texas) wrote in a letter to the spy agency this week. “The proposed shift in the relationship between our intelligence agencies and the American people should not be done in secret.ADVERTISEMENT“NSA’s mission has never been, and should never be, domestic policing or domestic spying.”The NSA has yet to publicly announce the change, but The New York Times reported last month that the administration was poised to expand the agency's ability to share information that it picks up about people’s communications with other intelligence agencies.The modification would open the door for the NSA to give the FBI and other federal agencies uncensored communications of foreigners and Americans picked up incidentally — but without a warrant — during sweeps.  
  • Robert Litt, the general counsel at the Office of the Director of National Intelligence, told the Times that it was finalizing a 21-page draft of procedures to allow the expanded sharing.  Separately, the Guardian reported earlier this month that the FBI had quietly changed its internal privacy rules to allow direct access to the NSA’s massive storehouse of communication data picked up on Internet service providers and websites.The revelations unnerved civil liberties advocates, who encouraged lawmakers to demand answers of the spy agency.“Under a policy like this, information collected by the NSA would be available to a host of federal agencies that may use it to investigate and prosecute domestic crimes,” said Neema Singh Guliani, legislative counsel and the American Civil Liberties Union. “Making such a change without authorization from Congress or the opportunity for debate would ignore public demands for greater transparency and oversight over intelligence activities.”In their letter this week, Lieu and Farenthold warned that the NSA’s changes would undermine Congress and unconstitutionally violate people’s privacy rights.   
  • “The executive branch would be violating the separation of powers by unilaterally transferring warrantless data collected under the NSA’s extraordinary authority to domestic agencies, which do not have such authority,” they wrote.“Domestic law enforcement agencies — which need a warrant supported by probable cause to search or seize — cannot do an end run around the Fourth Amendment by searching warrantless information collected by the NSA.”
Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
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  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
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    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Matteo Spreafico

Knowledge Genes® - Welcome Page - 4 views

  • Better knowledge, process and control coded WHAT, HOW and WHY
  • Better information in terms of WHAT you need to achieve, HOW and WHY
Paul Merrell

'Shadow Brokers' give away more NSA hacking tools - 0 views

  • The elusive Shadow Brokers didn't have much luck selling the NSA's hacking tools, so they're giving more of the software away -- to everyone. In a Medium post, the mysterious team supplied the password for an encrypted file containing many of the Equation Group surveillance tools swiped back in 2016. Supposedly, the group posted the content in "protest" at President Trump turning his back on the people who voted for him. The leaked data appears to check out, according to researchers, but some of it is a couple of decades old and focused on platforms like Linux. If anything, the leak might backfire. Edward Snowden notes that while the leak is "nowhere near" representing the NSA's complete tool set, there's enough that the NSA should "instantly identify" where and how the kit leaked. This doesn't mean the Shadow Brokers themselves are about to face capture. However, this may give the agency info it needs to both connect the dots (how much of a role did NSA contractor Harold Thomas Martin III play in the online leak, for instance?) and prevent a repeat incident.Does this open a can of worms? It's hard to say -- researchers are still combing over the data. If there are any hacks that can be made useful, though, this could be problematic for server operators worried about cybercrime. If nothing else, it shows that the Shadow Brokers didn't reveal their full hand.
Paul Merrell

Venezuelan Intelligence Services Arrest Credicard Directors - nsnbc international | nsn... - 0 views

  • Venezuelan President Nicolas Maduro confirmed Saturday that the state intelligence service SEBIN arrested several directors from the Credicard financial transaction company on Friday night. 
  • The financial consortium is accused of having deliberately taken advantage of a series of cyber attacks on state internet provider CANTV Friday to paralyse its online payment platform–responsible for the majority of the country’s accredited financial transactions, according to its website. “We have proof that it was a deliberate act what Credicard did yesterday. Right now the main people responsible for Credicard are under arrest,” confirmed the president. The government says that millions of attempted purchases using in-store credit and debit card payment machines provided by the company were interrupted after its platform went down for the most part of the day. Authorities also maintain that the company waited longer than the established protocol of one hour before responding to the issues.
  • According to CANTV President Manuel Fernandez, Venezuela’s internet platform suffered at least three attacks from an external source on Friday, one of which was aimed at state oil company PDVSA. CANTV was notified of the attacks by international provider LANautilus, which belongs to Telecom Italia. Nonetheless, Fernandez denied that Credicard’s platform was affected by the interferences to CANTV’s service, underscoring that other financial transaction companies that rely on the state enterprise continued to be operative.
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  • On Friday SEBIN Director Gustavo Gonzalez Lopez also openly accused members of the rightwing coalition, the Democratic Unity Roundtable (MUD), of being implicated in the incident. “Members of the MUD involved in the attack on electronic banking service,” he tweeted. “The financial war continues inside and outside the country, internally they are damaging banking operability,” he added. Venezuelan news source La Iguana has reported that the server administrator of Credicard is the company Dayco Host, which belongs to the D’Agostino family. Diana D’Angostino is married to veteran opposition politician, Henry Ramos Allup, president of the National Assembly. On Saturday, the government-promoted Productive Economy Council held an extraordinary meeting of political and business representatives to reject the attack on the country’s financial system.
Paul Merrell

Millennials lead the mass Facebook exodus | Daily Mail Online - 0 views

  • In 2017, 67 per cent of the total US population over the age of 12 used FacebookThis has dropped to 62 per cent and 61 per cent in 2018 and 2019, respectively The drop-off has been more pronounced in people aged between 12 and 34Sister app Instagram has seen a boost in users who have dropped FacebookThe findings come from a survey of 1,500 social media users in the US
Paul Merrell

House Lawmakers Condemn Big Tech's 'Monopoly Power' and Urge Their Breakups - The New Y... - 0 views

  • House lawmakers who spent the last 16 months investigating the practices of the world’s largest technology companies said on Tuesday that Amazon, Apple, Facebook and Google had exercised and abused their monopoly power and called for the most sweeping changes to antitrust laws in half a century.In a 449-page report that was presented by the House Judiciary Committee’s Democratic leadership, lawmakers said the four companies had turned from “scrappy” start-ups into “the kinds of monopolies we last saw in the era of oil barons and railroad tycoons.” The lawmakers said the companies had abused their dominant positions, setting and often dictating prices and rules for commerce, search, advertising, social networking and publishing.The House ReportRead the full report here »
  • To amend the inequities, the lawmakers recommended restoring competition by effectively breaking up the companies, emboldening the agencies that police market concentration and throwing up hurdles for the companies to acquire start-ups. They also proposed reforming antitrust laws, in the biggest potential shift since the Hart-Scott-Rodino Act of 1976 created stronger reviews of big mergers.
Paul Merrell

CPSC files lawsuit against Amazon to force it to recall dangerous products, including f... - 1 views

  • Federal safety regulators filed a lawsuit against Amazon on Wednesday that accuses the retail giant of refusing to recognize regulators’ authority to force the company to recall defective and unsafe products, setting up a fight over how much responsibility Amazon should take for the products it sells on its website.Support our journalism. Subscribe today.arrow-rightThe action by the Consumer Product Safety Commission comes after months of behind-the-scenes negotiations between regulators and Amazon as the agency tried to persuade the company to follow the CPSC’s rules for getting dangerous products off the market, according to a senior agency official who spoke on the condition of anonymity to comment on internal discussions.The official said Amazon officials refused to acknowledge that the CPSC has the authority to compel the company to remove unsafe products.A lawsuit was viewed as a last resort, the official added.
Paul Merrell

The FCC is about to kill the free Internet | PandoDaily - 0 views

  • The Federal Communications Commission is poised to ruin the free Internet on a technicality. The group is expected to introduce new net neutrality laws that would allow companies to pay for better access to consumers through deals similar to the one struck by Netflix and Comcast earlier this year. The argument is that those deals don’t technically fall under the net neutrality umbrella, so these new rules won’t apply to them even though they directly affect the Internet. At least the commission is being upfront about its disinterest in protecting the free Internet.
  • The Verge notes that the proposed rules will offer some protections to consumers: The Federal Communication Commission’s proposal for new net neutrality rules will allow internet service providers to charge companies for preferential treatment, effectively undermining the concept of net neutrality, according to The Wall Street Journal. The rules will reportedly allow providers to charge for preferential treatment so long as they offer that treatment to all interested parties on “commercially reasonable” terms, with the FCC will deciding whether the terms are reasonable on a case-by-case basis. Providers will not be able to block individual websites, however. The goal of net neutrality rules is to prevent service providers from discriminating between different content, allowing all types of data and all companies’ data to be treated equally. While it appears that outright blocking of individual services won’t be allowed, the Journal reports that some forms of discrimination will be allowed, though that will apparently not include slowing down websites.
  • Re/code summarizes the discontent with these proposed rules: Consumer groups have complained about that plan because they’re worried that Wheeler’s rules may not hold up in court either. A federal appeals court rejected two previous versions of net neutrality rules after finding fault in the FCC’s legal reasoning. During the latest smackdown, however, the court suggested that the FCC had some authority to impose net neutrality rules under a section of the law that gives the agency the ability to regulate the deployment of broadband lines. Internet activists would prefer that the FCC just re-regulate Internet lines under old rules designed for telephone networks, which they say would give the agency clear authority to police Internet lines. Wheeler has rejected that approach for now. Phone and cable companies, including Comcast, AT&T and Verizon, have vociferously fought that idea over the past few years.
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  • The Chicago Tribune reports on the process directing these rules: The five-member regulatory commission may vote as soon as May to formally propose the rules and collect public comment on them. Virtually all large Internet service providers, such as Verizon Communications Inc. and Time Warner Cable Inc., have pledged to abide by the principles of open Internet reinforced by these rules. But critics have raised concerns that, without a formal rule, the voluntary pledges could be pulled back over time and also leave the door open for deals that would give unequal treatment to websites or services.
  • I wrote about the European Union’s attempts to defend the free Internet: The legislation is meant to provide access to online services ‘without discrimination, restriction or interference, independent of the sender, receiver, type, content, device, service or application.’ For example, ISPs would be barred from slowing down or ‘throttling’ the speed at which one service’s videos are delivered while allowing other services to stream at normal rates. To bastardize Gertrude Stein: a byte is a byte is a byte. Such restrictions would prevent deals like the one Comcast recently made with Netflix, which will allow the service’s videos to reach consumers faster than before. Comcast is also said to be in talks with Apple for a deal that would allow videos from its new streaming video service to reach consumers faster than videos from competitors. The Federal Communications Commission’s net neutrality laws don’t apply to those deals, according to FCC Chairman Tom Wheeler, so they are allowed to continue despite the threat they pose to the free Internet.
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    Cute. Deliberately not using the authority the court of appeals said it could use to impose net neutrality. So Europe can have net neutrality but not in the U.S.
Paul Merrell

4 Simple Changes to Stop Online Tracking | Electronic Frontier Foundation - 0 views

  • 4 Simple Changes to Stop Online Tracking <b>Whoa, you aren't browsing with Javascript, congratulations! You probably don't need this tutorial, which will look broken for you. Just install an adblocker with a privacy/tracking protection list, block third-party cookies, block referers, and install HTTPS Everywhere. </b><br> In less than 10 minutes, you can drastically improve your privacy online and protect yourself against unwanted and invisible tracking. Note that these privacy safeguards will also be blocking some ads. EFF is working with online advertisers to try to convince them to provide real privacy protections for users, but until they agree to meaningful standards about online tracking, these steps will be necessary for users to safeguard their browsing privacy. Aside from removing ads, these changes won't affect your browsing experience on the vast majority of websites. It's possible, however, that a tiny fraction of websites may behave differently or break, in which case the easiest solution is to temporarily use a "private browsing" mode without the settings enabled, or a fresh browser profile/user with default settings.
Paul Merrell

Exclusive: Tim Berners-Lee tells us his radical new plan to upend the - 1 views

  • “The intent is world domination,” Berners-Lee says with a wry smile. The British-born scientist is known for his dry sense of humor. But in this case, he is not joking.This week, Berners-Lee will launch Inrupt, a startup that he has been building, in stealth mode, for the past nine months. Backed by Glasswing Ventures, its mission is to turbocharge a broader movement afoot, among developers around the world, to decentralize the web and take back power from the forces that have profited from centralizing it. In other words, it’s game on for Facebook, Google, Amazon. For years now, Berners-Lee and other internet activists have been dreaming of a digital utopia where individuals control their own data and the internet remains free and open. But for Berners-Lee, the time for dreaming is over.
  • In a post published this weekend, Berners-Lee explains that he is taking a sabbatical from MIT to work full time on Inrupt. The company will be the first major commercial venture built off of Solid, a decentralized web platform he and others at MIT have spent years building.
  • f all goes as planned, Inrupt will be to Solid what Netscape once was for many first-time users of the web: an easy way in. And like with Netscape, Berners-Lee hopes Inrupt will be just the first of many companies to emerge from Solid.
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  • On his screen, there is a simple-looking web page with tabs across the top: Tim’s to-do list, his calendar, chats, address book. He built this app–one of the first on Solid–for his personal use. It is simple, spare. In fact, it’s so plain that, at first glance, it’s hard to see its significance. But to Berners-Lee, this is where the revolution begins. The app, using Solid’s decentralized technology, allows Berners-Lee to access all of his data seamlessly–his calendar, his music library, videos, chat, research. It’s like a mashup of Google Drive, Microsoft Outlook, Slack, Spotify, and WhatsApp.The difference here is that, on Solid, all the information is under his control. Every bit of data he creates or adds on Solid exists within a Solid pod–which is an acronym for personal online data store. These pods are what give Solid users control over their applications and information on the web. Anyone using the platform will get a Solid identity and Solid pod. This is how people, Berners-Lee says, will take back the power of the web from corporations.
  • For example, one idea Berners-Lee is currently working on is a way to create a decentralized version of Alexa, Amazon’s increasingly ubiquitous digital assistant. He calls it Charlie. Unlike with Alexa, on Charlie people would own all their data. That means they could trust Charlie with, for example, health records, children’s school events, or financial records. That is the kind of machine Berners-Lee hopes will spring up all over Solid to flip the power dynamics of the web from corporation to individuals.
  • Berners-Lee believes Solid will resonate with the global community of developers, hackers, and internet activists who bristle over corporate and government control of the web. “Developers have always had a certain amount of revolutionary spirit,” he observes. Circumventing government spies or corporate overlords may be the initial lure of Solid, but the bigger draw will be something even more appealing to hackers: freedom. In the centralized web, data is kept in silos–controlled by the companies that build them, like Facebook and Google. In the decentralized web, there are no silos.Starting this week, developers around the world will be able to start building their own decentralized apps with tools through the Inrupt site. Berners-Lee will spend this fall crisscrossing the globe, giving tutorials and presentations to developers about Solid and Inrupt.
  • When asked about this, Berners-Lee says flatly: “We are not talking to Facebook and Google about whether or not to introduce a complete change where all their business models are completely upended overnight. We are not asking their permission.”Game on.
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