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Paul Merrell

Tech firms and privacy groups press for curbs on NSA surveillance powers - The Washingt... - 0 views

  • The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.
  • We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.
  • That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.
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  • Despite growing opposition in some quarters to ending the NSA’s program, a “clean” authorization — one that would enable its continuation without any changes — is unlikely, lawmakers from both parties say. Sen. Ron Wyden (D-Ore.), a leading opponent of the NSA’s program in its current format, said he would be “surprised if there are 60 votes” in the Senate for that. In the House, where there is bipartisan support for reining in surveillance, it’s a longer shot still. “It’s a toxic vote back in your district to reauthorize the Patriot Act, if you don’t get some reforms” with it, said Rep. Thomas Massie (R-Ky.). The House last fall passed the USA Freedom Act, which would have ended the NSA program, but the Senate failed to advance its own version.The House and Senate judiciary committees are working to come up with new bipartisan legislation to be introduced soon.
  • The tech firms and privacy groups’ demands are a baseline, they say. Besides ending bulk collection, they want companies to have the right to be more transparent in reporting on national security requests and greater declassification of opinions by the Foreign Intelligence Surveillance Court.
  • Some legal experts have pointed to a little-noticed clause in the Patriot Act that would appear to allow bulk collection to continue even if the authority is not renewed. Administration officials have conceded privately that a legal case probably could be made for that, but politically it would be a tough sell. On Tuesday, a White House spokesman indicated the administration would not seek to exploit that clause. “If Section 215 sunsets, we will not continue the bulk telephony metadata program,” National Security Council spokesman Edward Price said in a statement first reported by Reuters. Price added that allowing Section 215 to expire would result in the loss of a “critical national security tool” used in investigations that do not involve the bulk collection of data. “That is why we have underscored the imperative of Congressional action in the coming weeks, and we welcome the opportunity to work with lawmakers on such legislation,” he said.
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    I omitted some stuff about opposition to sunsetting the provisions. They  seem to forget, as does Obama, that the proponents of the FISA Court's expansive reading of section 215 have not yet come up with a single instance where 215-derived data caught a single terrorist or prevented a single act of terrorism. Which means that if that data is of some use, it ain't in fighting terrorism, the purpose of the section.  Patriot Act § 215 is codified as 50 USCS § 1861, https://www.law.cornell.edu/uscode/text/50/1861 That section authorizes the FBI to obtain an iorder from the FISA Court "requiring the production of *any tangible things* (including books, records, papers, documents, and other items)."  Specific examples (a non-exclusive list) include: the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The Court can order that the recipient of the order tell no one of its receipt of the order or its response to it.   In other words, this is about way more than your telephone metadata. Do you trust the NSA with your medical records? 
Gonzalo San Gil, PhD.

Tech giants, government struggle with online speech policies | ITworld - 0 views

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    " Officials with Google and State Department are struggling to craft a balanced policy that combats terrorist messages without unduly curbing Internet freedom. By Kenneth Corbin"
Gonzalo San Gil, PhD.

NBC Universal patents a method for hunting BitTorrent pirates - 1 views

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    "In an effort to curb piracy of copyrighted content, entertainment giant NBC Universal has patented a way to detect files being shared by large groups of people on peer-to-peer networks in real-time."
Gonzalo San Gil, PhD.

New Lawsuits Target Illegal Movie Downloaders June 25, 2010 | Ars Technica senior edito... - 0 views

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    A company called The US Copyright Group have started targeting illegal movie downloading, picking up where the RIAA left off in 2008. Ars Technica senior editor Nate Anderson says that these lawsuits could be an attempt to create a new revenue stream for the movie industry rather than to curb piracy. http://www.onthemedia.org/transcripts/2010/06/25/05
Paul Merrell

EU unveils landmark law curbing power of tech giants | News | DW | 15.12.2020 - 0 views

  • The European Union unveiled landmark legislation on Tuesday that lays out strict rules for tech giants to do business in the bloc. The draft legislation, dubbed the Digital Services Act (DSA) and the Digital Markets Act (DMA), outlines specific regulations that seek to limit the power of global internet firms on the European market. Companies including Google, Apple, Amazon, Facebook and others could face hefty penalties for violating the rules. EU antitrust czar Margrethe Vestager and EU digital chief Thierry Breton presented the draft on Tuesday, after the content of the new rules was leaked to the media on Monday.
  • What's in the draft laws? The dual legislation sets out a list of do's, don'ts and penalties for internet giants: Companies with over 45 million EU users would be designated as digital "gatekeepers" — making them subject to stricter regulations. Firms could be fined up to 10% of their annual turnover for violating competition rules. The could also be required to sell one of their businesses or parts of it (including rights or brands). Platforms that refuse to comply and "endanger people's life and safety" could have their service temporarily suspended "as a last resort." Companies would need to inform the EU ahead of any planned mergers or acquisitions. Certain kinds of data must be shared with regulators and rivals. Companies favoring their own services could be outlawed. Platforms would be more responsible for illegal, disturbing or misleading content.
  • Following the announcement on Tuesday, US internet giant Google criticized the draft legislation, saying it appeared to target specific firms.  "We will carefully study the proposals made by the European Commission over the next few days. However, we are concerned that they seem to specifically target a handful of companies," said Karan Bhatia, the vice president of government affairs and public affairs at Google. Facebook appeared to offer a more conciliatory tone, saying the legislation was "on the right track."
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  • The draft still faces a long ratification process, including feedback from the EU's 27 member states and the European Parliament. Company lobbyists and trade associations will also influence the final law. The process is expected to take several months or even a year.
Paul Merrell

Hey ITU Member States: No More Secrecy, Release the Treaty Proposals | Electronic Front... - 0 views

  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet.
  • The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications (WCIT-12) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International Telecommunication Regulations (ITR). The ITU is a United Nations agency responsible for international telecom regulation, a bureaucratic, slow-moving, closed regulatory organization that issues treaty-level provisions for international telecommunication networks and services. The ITR, a legally binding international treaty signed by 178 countries, defines the boundaries of ITU’s regulatory authority and provides "general principles" on international telecommunications. However, media reports indicate that some proposed amendments to the ITR—a negotiation that is already well underway—could potentially expand the ITU’s mandate to encompass the Internet. In similar fashion to the secrecy surrounding ACTA and TPP, the ITR proposals are being negotiated in secret, with high barriers preventing access to any negotiating document. While aspiring to be a venue for Internet policy-making, the ITU Member States do not appear to be very open to the idea of allowing all stakeholders (including civil society) to participate. The framework under which the ITU operates does not allow for any form of open participation. Mere access to documents and decision-makers is sold by the ITU to corporate “associate” members at prohibitively high rates. Indeed, the ITU’s business model appears to depend on revenue generation from those seeking to ‘participate’ in its policy-making processes. This revenue-based principle of policy-making is deeply troubling in and of itself, as the objective of policy making should be to reach the best possible outcome.
  • EFF, European Digital Rights, CIPPIC and CDT and a coalition of civil society organizations from around the world are demanding that the ITU Secretary General, the  WCIT-12 Council Working Group, and ITU Member States open up the WCIT-12 and the Council working group negotiations, by immediately releasing all the preparatory materials and Treaty proposals. If it affects the digital rights of citizens across the globe, the public needs to know what is going on and deserves to have a say. The Council Working Group is responsible for the preparatory work towards WCIT-12, setting the agenda for and consolidating input from participating governments and Sector Members. We demand full and meaningful participation for civil society in its own right, and without cost, at the Council Working Group meetings and the WCIT on equal footing with all other stakeholders, including participating governments. A transparent, open process that is inclusive of civil society at every stage is crucial to creating sound policy.
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  • Civil society has good reason to be concerned regarding an expanded ITU policy-making role. To begin with, the institution does not appear to have high regard for the distributed multi-stakeholder decision making model that has been integral to the development of an innovative, successful and open Internet. In spite of commitments at WSIS to ensure Internet policy is based on input from all relevant stakeholders, the ITU has consistently put the interests of one stakeholder—Governments—above all others. This is discouraging, as some government interests are inconsistent with an open, innovative network. Indeed, the conditions which have made the Internet the powerful tool it is today emerged in an environment where the interests of all stakeholders are given equal footing, and existing Internet policy-making institutions at least aspire, with varying success, to emulate this equal footing. This formula is enshrined in the Tunis Agenda, which was committed to at WSIS in 2005:
  • 83. Building an inclusive development-oriented Information Society will require unremitting multi-stakeholder effort. We thus commit ourselves to remain fully engaged—nationally, regionally and internationally—to ensure sustainable implementation and follow-up of the outcomes and commitments reached during the WSIS process and its Geneva and Tunis phases of the Summit. Taking into account the multifaceted nature of building the Information Society, effective cooperation among governments, private sector, civil society and the United Nations and other international organizations, according to their different roles and responsibilities and leveraging on their expertise, is essential. 84. Governments and other stakeholders should identify those areas where further effort and resources are required, and jointly identify, and where appropriate develop, implementation strategies, mechanisms and processes for WSIS outcomes at international, regional, national and local levels, paying particular attention to people and groups that are still marginalized in their access to, and utilization of, ICTs.
  • Indeed, the ITU’s current vision of Internet policy-making is less one of distributed decision-making, and more one of ‘taking control.’ For example, in an interview conducted last June with ITU Secretary General Hamadoun Touré, Russian Prime Minister Vladimir Putin raised the suggestion that the union might take control of the Internet: “We are thankful to you for the ideas that you have proposed for discussion,” Putin told Touré in that conversation. “One of them is establishing international control over the Internet using the monitoring and supervisory capabilities of the International Telecommunication Union (ITU).” Perhaps of greater concern are views espoused by the ITU regarding the nature of the Internet. Yesterday, at the World Summit of Information Society Forum, Mr. Alexander Ntoko, head of the Corporate Strategy Division of the ITU, explained the proposals made during the preparatory process for the WCIT, outlining a broad set of topics that can seriously impact people's rights. The categories include "security," "interoperability" and "quality of services," and the possibility that ITU recommendations and regulations will be not only binding on the world’s nations, but enforced.
  • Rights to online expression are unlikely to fare much better than privacy under an ITU model. During last year’s IGF in Kenya, a voluntary code of conduct was issued to further restrict free expression online. A group of nations (including China, the Russian Federation, Tajikistan and Uzbekistan) released a Resolution for the UN General Assembly titled, “International Code of Conduct for Information Security.”  The Code seems to be designed to preserve and protect national powers in information and communication. In it, governments pledge to curb “the dissemination of information that incites terrorism, secessionism or extremism or that undermines other countries’ political, economic and social stability, as well as their spiritual and cultural environment.” This overly broad provision accords any state the right to censor or block international communications, for almost any reason.
  • EFF Joins Coalition Denouncing Secretive WCIT Planning Process June 2012 Congressional Witnesses Agree: Multistakeholder Processes Are Right for Internet Regulation June 2012 Widespread Participation Is Key in Internet Governance July 2012 Blogging ITU: Internet Users Will Be Ignored Again if Flawed ITU Proposals Gain Traction June 2012 Global Telecom Governance Debated at European Parliament Workshop
Paul Merrell

Race to Introduce Fascist Internet Regulations in Russia Continues - Now under the Bann... - 0 views

  • Russian lawmaker Vitaly Milonov, on Monday, proposed a bill aimed to ban children under the age of 14 from social media. Although the bill is touted under the banner of child protection, it also aims to introduce the mandatory submission of passport data. In January Russia introduced semi-fascist regulations to severely curb the rights of bloggers and independent media.
  • Vitaly Milnov, generally known for being ultra-conservative, introduced the controversial bill on Monday. Touting the bill under the banner of wanting to protect children and limit their access to social media the bill has far deeper implications. Parents could very well self-regulate their children’s access to social media. The bill, however, implies that it would become mandatory for social media users to submit their passport data. Moreover, the bill also proposes that the use of pseudonyms will be banned. The proposed legislation also aims to introducing strict rules, requiring two-party consent before the publication of screenshots of online correspondence. The bill reads, among others: “Social networks create a special virtual world where a person spends significant part of their life, contacting other people and essentially doing everything that they would do in real world. This world can’t be left unregulated by law. Especially now, when growing number of users are falling victim to different types of fraud.” Even though Milonov is generally viewed as ultra-conservative, there are about 62 percent of Russians who according to polls support the ban of social networks for children while 39 percent supported using passport data to create an online account, a poll by the state-funded pollster VTsIOM revealed Monday.
  • Social media has come under intense scrutiny in Russia in recent months. Disturbingly, there are very few Russians who have received independent information about the not so overtly advertised implications of this scrutiny, of the proposed bill, and of plans to create a “Russian internet” to filter “unwanted foreign content. Russia also cracks down on independent bloggers and journalists. On January 1, 2016 the Russian Federation implemented amendments to laws that further censor the internet and potentially independent media. These laws are being sold under the guise of empowering internet users and the right to protect personal information. The amendments follow legislation from 2014 that infringed on the rights of bloggers.
Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
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  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Paul Merrell

What's Scarier: Terrorism, or Governments Blocking Websites in its Name? - The Intercept - 0 views

  • Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:
  • In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”
  • If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.
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  • Beyond the technical issues, trying to legislate ideas out of existence is a fool’s game: those sufficiently determined will always find ways to make themselves heard. Indeed, as U.S. pop star Barbra Streisand famously learned, attempts to suppress ideas usually result in the greatest publicity possible for their advocates and/or elevate them by turning fringe ideas into martyrs for free speech (I have zero doubt that all five of the targeted sites enjoyed among their highest traffic dates ever today as a result of the French targeting). But the comical futility of these efforts is exceeded by their profound dangers. Who wants governments to be able to unilaterally block websites? Isn’t the exercise of this website-blocking power what has long been cited as reasons we should regard the Bad Countries — such as China and Iran — as tyrannies (which also usually cite “counterterrorism” to justify their censorship efforts)?
  • s those and countless other examples prove, the concepts of “extremism” and “radicalizing” (like “terrorism” itself) are incredibly vague and elastic, and in the hands of those who wield power, almost always expand far beyond what you think it should mean (plotting to blow up innocent people) to mean: anyone who disseminates ideas that are threatening to the exercise of our power. That’s why powers justified in the name of combating “radicalism” or “extremism” are invariably — not often or usually, but invariably — applied to activists, dissidents, protesters and those who challenge prevailing orthodoxies and power centers. My arguments for distrusting governments to exercise powers of censorship are set forth here (in the context of a prior attempt by a different French minister to control the content of Twitter). In sum, far more damage has been inflicted historically by efforts to censor and criminalize political ideas than by the kind of “terrorism” these governments are invoking to justify these censorship powers. And whatever else may be true, few things are more inimical to, or threatening of, Internet freedom than allowing functionaries inside governments to unilaterally block websites from functioning on the ground that the ideas those sites advocate are objectionable or “dangerous.” That’s every bit as true when the censors are in Paris, London, and Ottawa, and Washington as when they are in Tehran, Moscow or Beijing.
Paul Merrell

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

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

The Senate has its own insincere net neutrality bill - 0 views

  • Now that the House of Representatives has floated a superficial net neutrality bill, it's the Senate's turn. Louisiana Senator John Kennedy has introduced a companion version of the Open Internet Preservation Act that effectively replicates the House measure put forward by Tennessee Representative Marsha Blackburn. As before, it supports net neutrality only on a basic level -- and there are provisions that would make it difficult to combat other abuses. The legislation would technically forbid internet providers from blocking and throttling content, but it wouldn't bar paid prioritization. Theoretically, ISPs could create de facto "slow lanes" for competing services by offering mediocre speeds unless they pay for faster connections. The bill would also curb the FCC's ability to deal with other violations, and would prevent states from passing their own net neutrality laws. In short, the bill is much more about limiting regulation than protecting open access and competition.Kennedy's bill isn't expected to go far in the Senate, just as Blackburn's hasn't done much in the House. However, his proposal comes mere days after senators put forward a Congressional Review Act that would undo the FCC's decision to kill net neutrality. Kennedy had claimed he was considering support for the CRA, but his proposal contradicts that -- why push a heavily watered-down bill if you were willing to revert to the stronger legislation? It's not a completely surprising move and is largely symbolic, but it's disappointing for those who hoped there would be truly bipartisan support for a return to net neutrality.
Paul Merrell

States to launch antitrust investigation into big tech companies, reports say | TechCrunch - 2 views

  • The state attorneys in more than a dozen states are preparing to begin an antitrust investigation of the tech giants, The Wall Street Journal and The New York Times reported Monday, putting the spotlight on an industry that is already facing federal scrutiny.The bipartisan group of attorneys from as many as 20 states is expected to formally launch a probe as soon as next month to assess whether tech companies are using their dominant market position to hurt competition, the WSJ reported.If true, the move follows the Department of Justice, which last month announced its own antitrust review of how online platforms scaled to their gigantic sizes and whether they are using their power to curb competition and stifle innovation. Earlier this year, the Federal Trade Commission formed a task force to monitor competition among tech platforms.
Paul Merrell

Four Attorneys General Sue Google Over Privacy Claims - The New York Times - 0 views

  • Three states and the District of Columbia allege that the tech giant misled consumers by continuing to track those who had changed their privacy settings to prevent data collection.
  • Google is also fighting an antitrust lawsuit led by Texas in which states have accused the company of obtaining and abusing a monopoly over the systems that allow publishers to auction off ad space to marketers. On Friday, Google asked a federal court to dismiss the lawsuit.The lawsuits add to a mounting offensive by regulators to curtail the power and business practices of Silicon Valley giants like Google, Facebook, Amazon and Apple. State and federal regulators have filed dozens of antitrust, consumer protection, privacy and trade lawsuits in an attempt to curb the business models or break up the companies. A Senate committee last week advanced potentially landmark antitrust legislation that tries to weaken the dominance of the internet giants.
Paul Merrell

Break up Amazon? Seattle Congresswoman Pramila Jayapal takes on tech giants | The Seatt... - 2 views

  • As a general rule, politicians don’t pick fights with their state’s biggest private employers, but Seattle Congresswoman Pramila Jayapal is doing just that, sponsoring legislation that would break up Amazon.Jayapal’s Ending Platform Monopolies Act is part of a broader, bipartisan effort in Congress to rein in the power of the Big Four tech giants: Amazon, Facebook, Apple and Google.Following up on a 16-month antitrust investigation completed last fall, House lawmakers this month unveiled five antitrust bills aimed at checking the power of the companies by limiting their abilities to gobble up or hamstring competitors.Jayapal’s proposal would allow the federal government to sue to force the Big Four tech firms to sell off lines of business deemed a “conflict of interest.” That would mean Amazon could no longer run its marketplace for third-party sellers while also competing against them with its own products. Similar divestments would be required of the other top tech firms, and all could face massive daily fines for noncompliance.
  • The focus on today’s ubiquitous big tech giants in some ways echoes past antitrust confrontations in the U.S. In the 1980s, the federal government forced the breakup of the Bell System phone monopoly. In the late 1990s, the U.S. sought to bust up Microsoft over its PC market stranglehold — a battle that ended in a 2002 settlement curbing some of its practices.The Big Four have inspired blowback from across the political spectrum, though not always for the same reasons. All five of the House bills rolled out last week had both Democratic and Republican co-sponsors — producing some unusual alliances.
Paul Merrell

House Committee Passes 'Big Tech' Antitrust Package Despite Lobbying Onslaught | ZeroHedge - 1 views

  • As the DoJ and FTC pursue civil antitrust litigation against some of America's largest tech firms, a House Committee has approved legislation to curb the market dominance of many of these same firms, including Google-owner Alphabet and Facebook. However, according to a report from WSJ, the tech firms targeted by the legislation are ramping up their lobbying efforts, precipitating a pitched battle over the legislation in the Senate.At the core of the six-bill raft of legislation is a measure to bar big tech firms from favoring their own products on their platforms. It was approved by the House committee early Thursday by a vote of 24 to 20.The NYT reported that Apple and other tech giants engaged in aggressive lobbying against the six-bill package, with Apple CEO Tim Cook going so far as to call Speaker Nancy Pelosi and other top lawmakers to warn them against supporting the legislation. Per the NYT, the calls from Cook were "part of a forceful and wide-ranging pushback by the tech industry since the proposals were announced this month. Executives, lobbyists, and more than a dozen think tanks and advocacy groups paid by tech companies have swarmed Capitol offices, called and emailed lawmakers and their staff members, and written letters arguing there will be dire consequences for the industry and the country if the ideas become law."
  • Mirroring the outcome of several EU anti-trust investigations, the legislation, known as the "American Choice and Innovation Online Act," the legislation would prohibit the owners of big platforms (like Amazon's online marketplace) from creating disadvantages for goods and services provided by competitors.
Paul Merrell

EU files antitrust charges against Amazon over use of data | The Seattle Times - 1 views

  • European Union regulators filed antitrust charges Tuesday against Amazon, accusing the e-commerce giant of using its access to data from companies that sell products on its platform to gain an unfair advantage over them.The charges, filed two years after the bloc’s antitrust enforcer began looking into the company, are the latest effort by European regulators to curb the power of big technology companies. Margrethe Vestager, the EU commissioner in charge of competition issues, has slapped Google with antitrust fines totaling nearly $10 billion and opened twin antitrust investigations this summer into Apple. The EU’s executive Commission also opened a second investigation Tuesday into whether Amazon favors product offers and merchants that use its own logistics and delivery system.
  • The EU investigation found that Amazon is accessing and analyzing real-time data from other vendors that sell goods on its platform to help it decide which new products of its own to launch and how to price and market them. That “appears to distort genuine competition,” Vestager said.Investigators focused on that practice in France and Germany, the company’s two biggest markets in the EU, but Vestager didn’t give specific examples of merchants affected by Amazon’s behavior.The stakes have risen for retailers as many European countries have shut nonessential shops temporarily to try to contain the coronavirus pandemic, pushing more shopping online, where Amazon is a major presence. Advertising Skip AdSkip AdSkip Ad Amazon faces a possible fine of up to 10% of its annual worldwide revenue. That could amount to as much as $28 billion, based on its 2019 earnings. The Seattle-based company rejected the accusations.
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