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Paul Merrell

For sale: Systems that can secretly track where cellphone users go around the globe - T... - 0 views

  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
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  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
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    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Gonzalo San Gil, PhD.

Conspiracy: web pages load slowly because they make more money that way - Business Insider - 0 views

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    "And Business Insider recently wrote about the debate over whether ads slow down web pages. Naturally, advertisers blame publishers for being unsophisticated; and publishers blame advertisers for clogging up their pages with heavy downloads."
Paul Merrell

AT&T Mobility LLC, et al v. AU Optronics Corp., et al :: Ninth Circuit :: US Courts of ... - 0 views

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    This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    
Gonzalo San Gil, PhD.

Rightscorp Offered Internet Provider a Cut of Piracy Settlements | TorrentFreak [# Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # Hollywood 1 - 0 Silicon Valley (# ! ...and What about 47 U.S. Code § 551 - Protection of subscriber privacy...?)
    • Gonzalo San Gil, PhD.
       
      [... Despite the strong language and extortion accusations used by Cox, the revelations didn't prevent the Court from granting copyright holders access to the personal details of 250 accused copyright infringers. ...]
    • Gonzalo San Gil, PhD.
       
      # ! Rightscorp abetting Cox in a case of conspiracy to commit extortion...
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    Ernesto on May 25, 2015 C: 0 Breaking Rightscorp, the piracy monetization company that works with Warner Bros. and other prominent copyright holders, goes to great lengths to reach allegedly pirating subscribers. The company offered Cox Communications a cut of the piracy settlements if they agreed to forward their notices, the ISP revealed in court. (# see Hobbs Act Note...)
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    Ernesto on May 25, 2015 C: 0 Breaking Rightscorp, the piracy monetization company that works with Warner Bros. and other prominent copyright holders, goes to great lengths to reach allegedly pirating subscribers. The company offered Cox Communications a cut of the piracy settlements if they agreed to forward their notices, the ISP revealed in court. (# see Hobbs Act Note...)
Gonzalo San Gil, PhD.

MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Gr... - 0 views

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    "Posted in Patents at 11:29 am by Dr. Roy Schestowitz Summary: A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH" [MPEG-LA is technically a troll, one that is backed and funded by Apple and Microsoft, among other giants)]
Paul Merrell

Media Queries - 0 views

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    While the candidate Media Queries specification is interesting and a step in the right direction, W3C continues to butcher the meaning of "interoperability." In this latest sleight of hand, we now have "interoperable" *user agents*, a term of art used by W3C for implementations that only receive and cannot return data, e.g., web browsers.  But under competition law, "interoperability" requires implementations that can exchange data and *mutually* use data that has been exchanged. See e.g., European Commission v. Microsoft, European Community Court of First Instance (Grand Chamber Judgment of 17 September, 2007), para. 230, 374, 421, http://tinyurl.com/23md42c (rejecting Microsoft's argument that "interoperability" has a 1-way rather than 2-way meaning; "Directive 91/250 defines interoperability as 'the ability to exchange information and *mutually* to use the information which has been exchanged'") (emphasis added). W3C, the World Wide Web Conspiracy, continues down its rut of broadcasting information whilst denying the world the power to round-trip the data received. 
Paul Merrell

Cyberstalking, pig masks, and cockroaches: Former eBay execs are sentenced - 0 views

  • The former Senior Director of Safety & Security at eBay, and the company’s former Director of Global Resiliency, have been sentenced to prison for their roles in a cyberstalking campaign. The targets of the campaign were the editor and publisher of a newsletter that eBay executives viewed as critical of the company.
  • For those that missed the reason for these sentences, we’ll need a quick rewind to 2019. Many see this letter by a hedge fund demanding better results from eBay as a direct cause for what followed. The letter caused some stress among eBay management, and for some reason they saw the negative reviews by EcommerceBytes as an obstacle that was holding their desired success back. EcommerceBytes was and is a resource for sellers on a number of platforms that enable users to sell items online. The website was set up by a couple that were both e-commerce bloggers. The eBay management team at the time was very unhappy with the criticism it got on the site. A third victim of their attention was the handler of a Twitter account named Fidomaster.
  • It was not that EcommerceBytes focused on ebay. Lots of similar companies featured in its e-commerce newsletter. Only the eBay employees felt the need to act and tried to silence them. A campaign was launched by eBay’s staff to harass and threaten the critics. This campaign featured packages being sent containing cockroaches, a bloody pig mask and pornography, death threats, physical surveillance, and late-night pizza deliveries. A full recount of what they had to go through makes for a gruesome read.
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  • Together with five other employees, the two staff members and the chief communications officer were fired in 2020, after eBay hired a law firm to investigate the harassment. The US Department of Justice charged seven of the former ebay employees and contractors with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. They all pleaded guilty. The only two that were arrested at the time were the executives that have now been sentenced. One of their former co-conspirators was sentenced in July 2021 to 18 months in prison, while four others are awaiting sentencing.
  • The former senior director of safety and security was sentenced to 57 months in prison and two years of supervised release. He was also ordered to pay a fine of $40,000. The former director of global resiliency was sentenced to two years in prison and two years of supervised release. He was also ordered to pay a fine of $20,000.
Paul Merrell

Which HTML5? - WHATWG and W3C Split - 1 views

  • The two organizations currently responsible for the development of HTML have decided on a degree of separation and this means that in the future there will be two versions of HTML5 - the snapshot and the living standard.
  • In a post to the WHATWG list, the editor of the WHATWG specifications explains: More recently, the goals of the W3C and the WHATWG on the HTML front have diverged a bit as well. The WHATWG effort is focused on developing the canonical description of HTML and related technologies, meaning fixing bugs as we find them adding new features as they become necessary and viable, and generally tracking implementations. The W3C effort, meanwhile, is now focused on creating a snapshot developed according to the venerable W3C process. This led to the chairs of the W3C HTML working group and myself deciding to split the work into two, with a different person responsible for editing the W3C HTML5, canvas, and microdata specifications than is editing the WHATWG specification.
  • If you think that these two organizations are now going their separate ways and that this means that there will be two HTML5 standards, I think you are likely to be correct.
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    A "Living Standard?" Sorry, WHATWG, but "standard" has a legal definition and minimum requirements; you're operating outside the law. WHATWG chooses what they think they can get away with and ignoring competition law.
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
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  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Paul Merrell

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

  • 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.
Gary Edwards

Wary of Upsetting Mighty Microsoft, Acer Limits Use Android for Phones, Not Netbooks. - 0 views

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    "For a netbook, you really need to be able to view a full Web for the total Internet experience, and Android is not that yet," Jim Wong, head of Acer's IT products, said Tuesday while introducing a new line of computers."

    Right. Android runs the webkit/Chromium browser based on the same WebKit code base used by Apple iPhone/Safari, Google Chrome, Palm Pre, Nokia s60 and QT IDE, 280 Atlas WebKit IDE, SproutCore-Cocoa project, KOffice, Sun's javaFX, Adobe AiR, and Eclipse "Blinki", Eclipse SWT, Linux Midori, and the Windows CE IRiS browser - to name but a few. Other Open Web browsers Opera and Mozilla Firefox have embraced the highly interactive and very visual WebKit document and application model. Add to this WebKit tsunami the many web sites, applications and services that adopted the WebKit document model to become iPhone ready.

    Finally there is this; any browser, application or web server seekign to pass the ACiD-3 test is in effect an effort to become fully WebKit compliant.

    Maybe Mr. Wong is talking about the 1998 Internet experience supported by IE8? Or maybe there is a secret OEM agreement lurking in the background here. The kind that was used by Microsoft to stop Netscape and Java way back when.

    The problem for Microsoft is that, when it comes to smartphones, countertops and netbooks at the edge of the Web, they are not competing against individual companies pushing device and/or platform specific services. This time they are competing against the next generation Open Web. An very visual and interactive Open Web defined by the surge the WebKit, Firefox and the many JavaScript communities are leading.

    ge
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    The Information Week page bookmarked says "NON-WORKING URL! The URL (Web address) that has been entered is directing to a non-existent page" Try this instead http://www.informationweek.com/news/hardware/handheld/showArticle.jhtml?articleID=216403510 Acer To Use Android For Phones, Not Netbooks April 8, 2009
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    Microsoft conspiracies have happened in the past and we should watch for them. However, another explanation is that Android does not (yet) support many browser plugins. No doubt that is what the Microsoft drones remind Acer each time they meet with them, along with a pitch for Silverlight 2 !! For me, Silverlight 2 is so rare that I would not, personally, make it a requirement for a "full web". A non-Android Linux distribution on a netbook that ran Adobe Flash, Acrobat Reader, OpenOffice.org and AIR when necessary would suit me fine. One day Android may do all these things to, but for now Google has bigger fish to fry!
Gary Edwards

Meteor: The NeXT Web - 0 views

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    "Writing software is too hard and it takes too long. It's time for a new way to write software - especially application software, the user-facing software we use every day to talk to people and keep track of things. This new way should be radically simple. It should make it possible to build a prototype in a day or two, and a real production app in a few weeks. It should make everyday things easy, even when those everyday things involve hundreds of servers, millions of users, and integration with dozens of other systems. It should be built on collaboration, specialization, and division of labor, and it should be accessible to the maximum number of people. Today, there's a chance to create this new way - to build a new platform for cloud applications that will become as ubiquitous as previous platforms such as Unix, HTTP, and the relational database. It is not a small project. There are many big problems to tackle, such as: How do we transition the web from a "dumb terminal" model that is based on serving HTML, to a client/server model that is based on exchanging data? How do we design software to run in a radically distributed environment, where even everyday database apps are spread over multiple data centers and hundreds of intelligent client devices, and must integrate with other software at dozens of other organizations? How do we prepare for a world where most web APIs will be push-based (realtime), rather than polling-driven? In the face of escalating complexity, how can we simplify software engineering so that more people can do it? How will software developers collaborate and share components in this new world? Meteor is our audacious attempt to solve all of these big problems, at least for a certain large class of everyday applications. We think that success will come from hard work, respect for history and "classically beautiful" engineering patterns, and a philosophy of generally open and collaborative development. " .............. "It is not a
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    "How do we transition the web from a "dumb terminal" model that is based on serving HTML, to a client/server model that is based on exchanging data?" From a litigation aspect, the best bet I know of is antitrust litigation against the W3C and the WHATWG Working Group for implementing a non-interoperable specification. See e.g., Commission v. Microsoft, No. T-167/08, European Community Court of First Instance (Grand Chamber Judgment of 17 September, 2007), para. 230, 374, 421, http://preview.tinyurl.com/chsdb4w (rejecting Microsoft's argument that "interoperability" has a 1-way rather than 2-way meaning; information technology specifications must be disclosed with sufficient specificity to place competitors on an "equal footing" in regard to interoperability; "the 12th recital to Directive 91/250 defines interoperability as 'the ability to exchange information and mutually to use the information which has been exchanged'"). Note that the Microsoft case was prosecuted on the E.U.'s "abuse of market power" law that corresponds to the U.S. Sherman Act § 2 (monopolies). But undoubtedly the E.U. courts would apply the same standard to "agreements among undertakings" in restraint of trade, counterpart to the Sherman Act's § 1 (conspiracies in restraint of trade), the branch that applies to development of voluntary standards by competitors. But better to innovate and obsolete HTML, I think. DG Competition and the DoJ won't prosecute such cases soon. For example, Obama ran for office promising to "reinvigorate antitrust enforcement" but his DoJ has yet to file its first antitrust case against a big company. Nb., virtually the same definition of interoperability announced by the Court of First Instance is provided by ISO/IEC JTC-1 Directives, annex I ("eye"), which is applicable to all international standards in the IT sector: "... interoperability is understood to be the ability of two or more IT systems to exchange information at one or more standardised interfaces
Gonzalo San Gil, PhD.

Apple must pay £315 million as US Supreme Court rejects e-book antitrust appe... - 0 views

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    "Appeals court ruled that Apple knowingly conspired with publishers to keep prices high. by Megan Geuss (US) - Mar 7, 2016 5:45 pm UTC"
Paul Merrell

Section 215 and "Fruitless" (?!?) Constitutional Adjudication | Just Security - 0 views

  • This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful insofar as it had not properly been authorized by Congress). In a nutshell, today’s ruling rejects the ACLU’s request for an injunction against the continued operation of the program for the duration of the 180-day transitional period (which ends on November 29) from the old program to the quite different collection regime authorized by the USA Freedom Act. As the Second Circuit (in my view, quite correctly) concluded, “Regardless of whether the bulk telephone metadata program was illegal prior to May, as we have held, and whether it would be illegal after November 29, as Congress has now explicitly provided, it is clear that Congress intended to authorize it during the transitionary period.” So far, so good. But remember that the ACLU’s challenge to bulk collection was mounted on both statutory and constitutional grounds, the latter of which the Second Circuit was able to avoid in its earlier ruling because of its conclusion that, prior to the enactment of the USA Freedom Act, bulk collection was unauthorized by Congress. Now that it has held that it is authorized during the transitional period, that therefore tees up, quite unavoidably, whether bulk collection violates the Fourth Amendment. But rather than decide that (momentous) question, the Second Circuit ducked:
  • We agree with the government that we ought not meddle with Congress’s considered decision regarding the transition away from bulk telephone metadata collection, and also find that addressing these issues at this time would not be a prudent use of judicial authority. We need not, and should not, decide such momentous constitutional issues based on a request for such narrow and temporary relief. To do so would take more time than the brief transition period remaining for the telephone metadata program, at which point, any ruling on the constitutionality of the demised program would be fruitless. In other words, because any constitutional violation is short-lived, and because it results from the “considered decision” of Congress, it would be fruitless to actually resolve the constitutionality of bulk collection during the transitional period.
  • Hopefully, it won’t take a lot of convincing for folks to understand just how wrong-headed this is. For starters, if the plaintiffs are correct, they are currently being subjected to unconstitutional government surveillance for which they are entitled to a remedy. The fact that this surveillance has a limited shelf-life (and/or that Congress was complicit in it) doesn’t in any way ameliorate the constitutional violation — which is exactly why the Supreme Court has, for generations, recognized an exception to mootness doctrine for constitutional violations that, owing to their short duration, are “capable of repetition, yet evading review.” Indeed, in this very same opinion, the Second Circuit first held that the ACLU’s challenge isn’t moot, only to then invokes mootness-like principles to justify not resolving the constitutional claim. It can’t be both; either the constitutional challenge is moot, or it isn’t. But more generally, the notion that constitutional adjudication of a claim with a short shelf-life is “fruitless” utterly misses the significance of the establishment of forward-looking judicial precedent, especially in a day and age in which courts are allowed to (and routinely do) avoid resolving the merits of constitutional claims in cases in which the relevant precedent is not “clearly established.” Maybe, if this were the kind of constitutional question that was unlikely to recur, there’d be more to the Second Circuit’s avoidance of the issue in this case. But whether and to what extent the Fourth Amendment applies to information we voluntarily provide to third parties is hardly that kind of question, and the Second Circuit’s unconvincing refusal to answer that question in a context in which it is quite squarely presented is nothing short of feckless.
Paul Merrell

Evidence of Google blacklisting of left and progressive sites continues to mount - Worl... - 0 views

  • A growing number of leading left-wing websites have confirmed that their search traffic from Google has plunged in recent months, adding to evidence that Google, under the cover of a fraudulent campaign against fake news, is implementing a program of systematic and widespread censorship. Truthout, a not-for-profit news website that focuses on political, social, and ecological developments from a left progressive standpoint, had its readership plunge by 35 percent since April. The Real News , a nonprofit video news and documentary service, has had its search traffic fall by 37 percent. Another site, Common Dreams , last week told the WSWS that its search traffic had fallen by up to 50 percent. As extreme as these sudden drops in search traffic are, they do not equal the nearly 70 percent drop in traffic from Google seen by the WSWS. “This is political censorship of the worst sort; it’s just an excuse to suppress political viewpoints,” said Robert Epstein, a former editor in chief of Psychology Today and noted expert on Google. Epstein said that at this point, the question was whether the WSWS had been flagged specifically by human evaluators employed by the search giant, or whether those evaluators had influenced the Google Search engine to demote left-wing sites. “What you don’t know is whether this was the human evaluators who are demoting you, or whether it was the new algorithm they are training,” Epstein said.
  • Richard Stallman, the world-renowned technology pioneer and a leader of the free software movement, said he had read the WSWS’s coverage on Google’s censorship of left-wing sites. He warned about the immense control exercised by Google over the Internet, saying, “For people’s main way of finding articles about a topic to be run by a giant corporation creates an obvious potential for abuse.” According to data from the search optimization tool SEMRush, search traffic to Mr. Stallman’s personal website, Stallman.org, fell by 24 percent, while traffic to gnu.org, operated by the Free Software Foundation, fell 19 percent. Eric Maas, a search engine optimization consultant working in the San Francisco Bay area, said his team has surveyed a wide range of alternative news sites affected by changes in Google’s algorithms since April.  “While the update may be targeting specific site functions, there is evidence that this update is promoting only large mainstream news organizations. What I find problematic with this is that it appears that some sites have been targeted and others have not.” The massive drop in search traffic to the WSWS and other left-wing sites followed the implementation of changes in Google’s search evaluation protocols. In a statement issued on April 25, Ben Gomes, the company’s vice president for engineering, stated that Google’s update of its search engine would block access to “offensive” sites, while working to surface more “authoritative content.” In a set of guidelines issued to Google evaluators in March, the company instructed its search evaluators to flag pages returning “conspiracy theories” or “upsetting” content unless “the query clearly indicates the user is seeking an alternative viewpoint.”
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.
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