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Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
  • ...4 more annotations...
  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

How a "location API" allows cops to figure out where we all are in real time | Ars Tech... - 0 views

arstechnica.com/...real-time-mobile-location-data

location-privacy Securus

shared by Paul Merrell on 16 Jun 18 - No Cached
  • The digital privacy world was rocked late Thursday evening when The New York Times reported on Securus, a prison telecom company that has a service enabling law enforcement officers to locate most American cell phones within seconds. The company does this via a basic Web interface leveraging a location API—creating a way to effectively access a massive real-time database of cell-site records. Securus’ location ability relies on other data brokers and location aggregators that obtain that information directly from mobile providers, usually for the purposes of providing some commercial service like an opt-in product discount triggered by being near a certain location. ("You’re near a Carl’s Jr.! Stop in now for a free order of fries with purchase!") The Texas-based Securus reportedly gets its data from 3CInteractive, which in turn buys data from LocationSmart. Ars reached 3CInteractive's general counsel, Scott Elk, who referred us to a spokesperson. The spokesperson did not immediately respond to our query. But currently, anyone can get a sense of the power of a location API by trying out a demo from LocationSmart itself. Currently, the Supreme Court is set to rule on the case of Carpenter v. United States, which asks whether police can obtain more than 120 days' worth of cell-site location information of a criminal suspect without a warrant. In that case, as is common in many investigations, law enforcement presented a cell provider with a court order to obtain such historical data. But the ability to obtain real-time location data that Securus reportedly offers skips that entire process, and it's potentially far more invasive. Securus’ location service as used by law enforcement is also currently being scrutinized. The service is at the heart of an ongoing federal prosecution of a former Missouri sheriff’s deputy who allegedly used it at least 11 times against a judge and other law enforcement officers. On Friday, Sen. Ron Wyden (D-Ore.) publicly released his formal letters to AT&T and also to the Federal Communications Commission demanding detailed answers regarding these Securus revelations.
Gonzalo San Gil, PhD.

5 Tips for Effectively Managing a LinkedIn Group | Social Media Examiner - 1 views

www.socialmediaexaminer.com/managing-linkedin-groups

linkedin group management Social Media skills

shared by Gonzalo San Gil, PhD. on 28 Nov 12 - No Cached
  • Gonzalo San Gil, PhD. on 28 Nov 12
     
    [Are you currently managing your own LinkedIn group? Are you considering launching a LinkedIn group? Keep reading for five tips on how to better manage LinkedIn groups. ...]
Gonzalo San Gil, PhD.

EU is negotiating about new data privacy laws | # Take Part - 0 views

lobbyplag.eu/map

privacy rights contact MEP Internet freedom fight take part participate

shared by Gonzalo San Gil, PhD. on 08 Jun 13 - No Cached
  • Gonzalo San Gil, PhD. on 08 Jun 13
     
    [ Currently the EU is negotiating about new data privacy laws. This new EU Regulation will replace all existing national laws on data privacy. Here you can see a general overview which Members of the European Parliament (MEPs) are pushing for more or less data privacy. Choose a country, a political group or a MEP from the "Top 10" list to find out more. ...]
Gonzalo San Gil, PhD.

Robert McDowell: The U.N. Threat to Internet Freedom - WSJ.com - 5 views

online.wsj.com/...4792404577229074023195322.html

un internet threat freedom itu control internet governance

shared by Gonzalo San Gil, PhD. on 24 Dec 12 - No Cached
  • Gonzalo San Gil, PhD. on 24 Dec 12
     
    [Top-down, international regulation is antithetical to the Net, which has flourished under its current governance model. ...]
  • ...3 more comments...
  • Paul Merrell on 25 Dec 12
     
    Trying to fix what ain't broken ...
  • Gonzalo San Gil, PhD. on 26 Dec 12
     
    I wish it were a matter to "fix" anything... The issue is trying to Control something that comes working fine without such 'control'...
  • Paul Merrell on 26 Dec 12
     
    You're right. The desire to censor is the real driving force here, I think.
  • Paul Merrell on 26 Dec 12
     
    A further thought: There is binding and enforceable international law on the subject of freedom of speech and access to information in a treaty that has been ratified by all nations other than China, which has signed but not yet ratified the treaty. That treaty's terms might provide a rallying point for at least limiting the ITU's desire to grab power over the Internet. The International Covenant on Civil and Political Rights ("ICCRR") Article 19 provides: "1. Everyone shall have the right to hold opinions without interference. "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. "3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals." http://www2.ohchr.org/english/law/ccpr.htm The last exception is broader than what I would prefer. However, while the rights created by by the ICCRR transcend national boundaries, the quoted provision unquestionably stands for the proposition that exception (b) applies only to nations and not to a U.N. body itself. Therefore, there is a very strong argument that content-based both content-based restrictions and changes in the internet's functioning to facilitate such restrictions are beyond the legal jurisdiction of the ITU. I.e., changes in the internet's functioning to facilitate content-based restrictions require consideration of the content types to be restricted. The treaty permits only national level restrictions and arguably, it thereb
  • Gonzalo San Gil, PhD. on 27 Dec 12
     
    *Oh, we got -even from before- The Art 27 of The THE UNIVERSAL DECLARATION OF HUMAN RIGHTS https://www.un.org/en/documents/udhr/index.shtml#a27 [(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. ...] And, as 'NOBODY' (Repeat 'NOBODY') has demonstrated that sharing affects negatively to creators (more yet, all the contrary), saying that SHARING (in any way the technology allows) is an EXCELLENT way to "participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits." is The Ultimate Truth. http://www.p2pnet.net/story/7566 *'Authorities only want to control the Information Flow... ...Nothing related with the "Defence" of Anything... but their own craving of control.
Gonzalo San Gil, PhD.

Ardour 5.0 Open Source DAW Officially Released with Tabbed User Interface - 0 views

news.softpedia.com/...ed-user-interface-507261.shtml

ardour open source DAW digital audio workstation sound music production tech

shared by Gonzalo San Gil, PhD. on 14 Aug 16 - No Cached
  • Gonzalo San Gil, PhD. on 14 Aug 16
     
    "Now available for GNU/Linux, Mac OS X, and Windows OSes Aug 12, 2016 18:40 GMT · By Marius Nestor · Share: Currently one of the best cross-platform, open-source and freely distributed DAW (Digital Audio Workstation) software pieces, Ardour has received today, August 12, 2016, a major milestone that introduces a multitude of new features and countless improvements."
Gonzalo San Gil, PhD.

Who's the Best Digital Music Distribution Company? - 0 views

www.digitalmusicnews.com/...al-distribution-company-review

best music digital distribution company platform art business www

shared by Gonzalo San Gil, PhD. on 19 Aug 16 - No Cached
  • Gonzalo San Gil, PhD. on 19 Aug 16
     
    "I originally did this report for Ari's Take. Everything is current and has been fact checked by every company. This is the most comprehensive and accurate digital distribution comparison piece on the web. Who is the best digital distributor? Read on… I sat down with reps at 8 different digital distribution companies"
Gonzalo San Gil, PhD.

Lawmakers Warned That 10 Year Sentences Could Apply to File-Sharers - TorrentFreak [# !... - 0 views

torrentfreak.com/d-apply-to-file-sharers-161016

UK plan 10 Years hardening sentences file-sharers file-sharing Labels rule not democracy :(

shared by Gonzalo San Gil, PhD. on 17 Oct 16 - No Cached
  • Gonzalo San Gil, PhD. on 17 Oct 16
     
    "The UK is currently forming new legislation that will harmonize sentences for offline and online piracy. While the theoretical 10-year maximum sentence is supposed to target only large-scale pirates, this week MPs were warned that wording in the Digital Economy Bill is not tight enough to exclude file-sharers."
Gonzalo San Gil, PhD.

Ten Years in Jail For UK Internet Pirates: How the New Bill Reads - TorrentFreak - 0 views

torrentfreak.com/-how-the-new-bill-reads-161204

jail internet pirates bill reads

shared by Gonzalo San Gil, PhD. on 05 Dec 16 - No Cached
  • Gonzalo San Gil, PhD. on 05 Dec 16
     
    " By Andy on December 4, 2016 C: 102 News The Digital Economy Bill is currently at the report stage. It hasn't yet become law and could still be amended. However, as things stand those who upload any amount of infringing content to the Internet could face up to 10 years in jail. With the latest bill now published, we take a look at how file-sharers could be affected."
Paul Merrell

The Social Media Exodus Has Begun. Here's Where Everybody's Going. : The Corbett Report - 2 views

www.corbettreport.com/n-heres-where-everybodys-going

web trends alternative-social-media

shared by Paul Merrell on 13 Jan 17 - No Cached
  • 10 years ago, everybody was on MySpace. 10 years from now, the Twitters and Facebooks and YouTubes of today will be dinosaurs, abandoned by users sick of censorship and centralized control. Thankfully, the alternatives to these social media dinosaurs are already here, and they’re blockchain-based, torrent friendly, decentralized and censorship resistant.
  • SHOW NOTES Leaked Twitter API data shows the number of tweets is in serious decline Yep, science confirms that quitting Facebook makes people happier Facebook ‘made China censorship tool’ Facebook is censoring posts in Thailand that the government has deemed unsuitable The Corbett Report on Steemit The Corbett Report on Minds.com The Corbett Report on BitChute Ray Vahey on Twitter
  • Paul Merrell on 13 Jan 17
     
    Secure alternatives to current social media giants.
Gonzalo San Gil, PhD.

ACTA: to keep in mind - La Quadrature du Net - 0 views

www.laquadrature.net/...ACTA:_to_keep_in_mind

acta act now july 4th 2012 stop censorship control defend freedom Internet

shared by Gonzalo San Gil, PhD. on 29 Jun 12 - No Cached
  • Gonzalo San Gil, PhD. on 29 Jun 12
     
    [ Current main action against ACTA: On Wednesday July 4th, the European Parliament will hold its final vote on ACTA. This vote will be the most important one since the beginning of the parliamentary work: eurodeputies will decide either to adopt or reject ACTA. A rejection would mean that ACTA will be defeated once and for all. Urge (by calling them *free of charge*) the Members of Parliament to vote in favour of a clear rejection of ACTA, and to reform the EU copyright framework! ]
Gonzalo San Gil, PhD.

Stand up for your freedom to install free software - Free Software Foundation - working... - 0 views

www.fsf.org/...statement

stand for your freedom install free software fsf

shared by Gonzalo San Gil, PhD. on 11 Jul 12 - No Cached
  • Gonzalo San Gil, PhD. on 11 Jul 12
     
    [Microsoft has announced that if computer makers wish to distribute machines with the Windows 8 compatibility logo, they will have to implement a measure called "Secure Boot." However, it is currently up for grabs whether this technology will live up to its name, or will instead earn the name Restricted Boot. When done correctly, "Secure Boot" is designed to protect against malware by preventing computers from loading unauthorized binary programs when booting. In practice, this means that computers implementing it won't boot unauthorized operating systems -- including initially authorized systems that have been modified without being re-approved. ...]
Gonzalo San Gil, PhD.

World Conference on International Telecommunications (WCIT-12) - 0 views

www.itu.int/...default.aspx

world conference international telecommunications wcit

shared by Gonzalo San Gil, PhD. on 06 Aug 12 - No Cached
  • Gonzalo San Gil, PhD. on 06 Aug 12
     
    [At the request of our membership, ITU will convene the World Conference on International Telecommunications (WCIT) in Dubai, United Arab Emirates, from 3-14 December 2012. This landmark conference will review the current International Telecommunications Regulations (ITRs), which serve as the binding global treaty outlining the principles which govern the way international voice, data and video traffic is handled, and which lay the foundation for ongoing innovation and market growth. The ITRs were last negotiated in Melbourne, Australia in 1988, and there is broad consensus that the text now needs to be updated to reflect the dramatically different information and communication technology (ICT) landscape of the 21st century.]
Gonzalo San Gil, PhD.

Counter-Arguments Against ACTA - La Quadrature du Net - 0 views

www.laquadrature.net/...Counter-Arguments_Against_ACTA

acta no

shared by Gonzalo San Gil, PhD. on 29 Feb 12 - No Cached
  • Gonzalo San Gil, PhD. on 29 Feb 12
     
    [Below are arguments that can help you debunk the EU Commission's lies on ACTA, which are also relayed by pro-ACTA members of the EU Parliament. v · d · m Current main action: phone the Members of the European Parliament in the committees working on ACTA, INTA in particular. Ask them to commit to rejecting it, and ask that their committee do the same! The MEPs have been given a "fact-sheet" on ACTA's supposed inoffensiveness to reassure concerned citizens (that's you). You can find a debunking of these lies here.]
Gonzalo San Gil, PhD.

All Nations Lose with TPP's Expansion of Copyright Terms | Electronic Frontier Foundation - 0 views

www.eff.org/...tpps-expansion-copyright-terms

copyright terms extension eff TPP Intellectual Property

shared by Gonzalo San Gil, PhD. on 13 Jan 14 - No Cached
  • Gonzalo San Gil, PhD. on 13 Jan 14
     
    "EFF has previously written about various troubling provisions of the Trans-Pacific Partnership Agreement (TPP) that is being negotiated under wraps. One other major concern is that TPP seeks to propagate the excessive copyright terms currently found in American copyright legislation, and will become yet another tool of the second enclosure movement: "the enclosure of the intangible commons of the mind.""
Gonzalo San Gil, PhD.

Viewing Pirated Streams is Not Illegal, German Govt Says | TorrentFreak - 1 views

torrentfreak.com/llegal-german-govt-says-140109

viewing streams not illegal legal piracy freedom access

shared by Gonzalo San Gil, PhD. on 10 Jan 14 - No Cached
  • Gonzalo San Gil, PhD. on 10 Jan 14
     
    "The controversial RedTube case in Germany has provoked an interesting response from the Ministry of Justice. Although it says the question will ultimately be answered by the European Court, the Ministry says that it believes the mere viewing of copyright infringing streams is not illegal under current law."
Gonzalo San Gil, PhD.

In Response To Growing Protests, EU Pulls Corporate Sovereignty Chapter From TAFTA/TTIP... - 0 views

www.techdirt.com/...ttip-public-consultation.shtml

response growing protests sovereignty chapter public consultation pull push participate

shared by Gonzalo San Gil, PhD. on 22 Jan 14 - No Cached
  • Gonzalo San Gil, PhD. on 22 Jan 14
     
    "from the more-of-this,-please dept Here on Techdirt, we've been writing about the dangers of corporate sovereignty for a while. In recent months, more and more people and organizations have pointed out that the plan to include an investor-state dispute settlement (ISDS) in the TAFTA/TTIP agreement currently being negotiated is fraught with dangers -- and also completely unnecessary given the fair and efficient legal systems that exist on both sides of the Atlantic. It seems that this chorus of disapproval has finally been noticed, in Brussels at least: "
Gonzalo San Gil, PhD.

Academics Launch Torrent Site to Share Papers and Datasets | TorrentFreak - 0 views

torrentfreak.com/are-papers-and-datasets-140131

academics launch torrent site share papers datasets future sharing

shared by Gonzalo San Gil, PhD. on 31 Jan 14 - No Cached
  • Gonzalo San Gil, PhD. on 31 Jan 14
     
    " By Ernesto On: 31/01/2014 Comments: 8 Breaking Researchers from the University of Massachusetts have launched a torrent site which allows academics to share papers and datasets. AcademicTorrents provides researchers with a reliable and decentralized platform to share their work with peers, as well as the rest of the world. The site currently indexes over 1.5 petabytes of data, including NASA's map of Mars. "
Gonzalo San Gil, PhD.

BitTorrent Sync Used to Create Decentralized Web Browser | TorrentFreak - 0 views

torrentfreak.com/centralized-web-browser-140204

bittorrent sync web browser decentralized search truth data research world

shared by Gonzalo San Gil, PhD. on 05 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 05 Feb 14
     
    " Andy On: 04/02/2014 Comments: 41 Breaking With blocking currently a hot topic there are many looking towards technical solutions that can offer a robust publishing environment free of censorship. To that end a U.S.-based developer has unveiled an experimental decentralized web browser that aims to thwart such attacks, and excitingly it's running BitTorrent under the hood."
Gonzalo San Gil, PhD.

European Commission Public Consultation on Copyright: La Quadrature du Net's Answer | L... - 0 views

www.laquadrature.net/...t-la-quadrature-du-nets-answer

european commission public consultation copyright answer Quadrature

shared by Gonzalo San Gil, PhD. on 14 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 14 Feb 14
     
    "Paris, 14 February 2014 - The European Commission's public consultation on copyright reform is open until 5 March [The European Commission extended the deadline by a month]. This consultation represents an important opportunity for European citizens to demand that access to culture and knowledge be recognised as their fundamental right. It also allows the interests of authors and creators to be defended against those of the cultural industries, major distributors and intermediaries, and heirs of rightholders who currently receive the greatest share of income from copyrighted works. La Quadrature du Net therefore calls on the maximum number of citizens and organisations to reply to the consultation and support a positive reform of copyright."
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