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Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

justsecurity.org/...lection-leave-plenty-loopholes

surveillance state NSA-reform DNI Clapper voluntary-reforms

shared by Paul Merrell on 05 Feb 15 - No Cached
  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • ...1 more annotation...
  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Paul Merrell

Canadian Spies Collect Domestic Emails in Secret Security Sweep - The Intercept - 0 views

firstlook.org/...ony-express-email-surveillance

surveillance state Canada CSE bulk-collection email

shared by Paul Merrell on 27 Feb 15 - No Cached
  • Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.
  • Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.
  • Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)
  • ...1 more annotation...
  • The agency notes in the document that it is storing large amounts of “passively tapped network traffic” for “days to months,” encompassing the contents of emails, attachments and other online activity. It adds that it stores some kinds of metadata — data showing who has contacted whom and when, but not the content of the message — for “months to years.” The document says that CSE has “excellent access to full take data” as part of its cyber operations and is receiving policy support on “use of intercepted private communications.” The term “full take” is surveillance-agency jargon that refers to the bulk collection of both content and metadata from Internet traffic. Another top-secret document on the surveillance dated from 2010 suggests the agency may be obtaining at least some of the data by covertly mining it directly from Canadian Internet cables. CSE notes in the document that it is “processing emails off the wire.”
Paul Merrell

Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

www.globalresearch.ca/...5437233

U.S.-foreign-policy trade agreements TPP secrecy Congress

shared by Paul Merrell on 17 Mar 15 - No Cached
  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
  • ...1 more annotation...
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

thehill.com/...385-court-upholds-nsa-snooping

surveillance state NSA litigation Jewel

shared by Paul Merrell on 12 Feb 15 - No Cached
  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
  • Paul Merrell on 12 Feb 15
     
    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Gonzalo San Gil, PhD.

Adobe spies on readers: EVERY DRM page turn leaked to base over SSL * The Register - 0 views

www.theregister.co.uk/...es_digital_editions_encryption

adobe spies readers drm ssl intellectua property protection spoofing

shared by Gonzalo San Gil, PhD. on 27 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 27 Oct 14
     
    Adobe has tweaked its Digital Editions 4 desktop ebook reader to now encrypt the data it secretly sends back to headquarters - data that details a user's reading habits.
Gary Edwards

Developer: Dump JavaScript for faster Web loading | CIO - 0 views

www.cio.com/...pt-for-faster-web-loading.html

HML6 JavaScript JSON

shared by Gary Edwards on 27 Mar 15 - No Cached
  • Accomplishing the goal of a high-speed, responsive Web experience without loading JavaScript "could probably be done by linking anchor elements to JSON/XML (or a new definition) API endpoints [and] having the browser internally load the data into a new data structure," the proposal states.
  • The browser "then replaces DOM elements with whatever data that was loaded as needed.
  • The initial data and standard error responses could be in header fixtures, which could be replaced later if so desired. "The HTML body thus becomes a templating language with all the content residing in the fixtures that can be dynamically reloaded without JavaScript."
  • Gary Edwards on 27 Mar 15
     
    "A W3C (World Wide Web Consortium) mailing list post entitled "HTML6 proposal for single-page Web apps without JavaScript" details the proposal, dated March 20. "The overall purpose [of the plan] is to reduce response times when loading Web pages," said Web developer Bobby Mozumder, editor in chief of FutureClaw magazine, in an email. "This is the difference between a 300ms page load vs 10ms. The faster you are, the better people are going to feel about using your Website." The proposal cites a standard design pattern emerging via front-end JavaScript frameworks where content is loaded dynamically via JSON APIs. "This is the single-page app Web design pattern," said Mozumder. "Everyone's into it because the responsiveness is so much better than loading a full page -- 10-50ms with a clean API load vs. 300-1500ms for a full HTML page load. Since this is so common now, can we implement this directly in the browsers via HTML so users can dynamically run single-page apps without JavaScript?" Accomplishing the goal of a high-speed, responsive Web experience without loading JavaScript "could probably be done by linking anchor elements to JSON/XML (or a new definition) API endpoints [and] having the browser internally load the data into a new data structure," the proposal states. The browser "then replaces DOM elements with whatever data that was loaded as needed." The initial data and standard error responses could be in header fixtures, which could be replaced later if so desired. "The HTML body thus becomes a templating language with all the content residing in the fixtures that can be dynamically reloaded without JavaScript." JavaScript frameworks and JavaScript are leveraged for loading now, but there are issues with these, Mozumder explained. "Should we force millions of Web developers to learn JavaScript, a framework, and an associated templating language if they want a speedy, responsive Web site out-of-the-box? This is a huge barrier for beginners, and right n
Gonzalo San Gil, PhD.

OS.js Is A New Javascript Based Open Source Operating System Running In Your Browser - 2 views

fossbytes.com/system-running-on-your-browser

OS.js javascript javascript-based open source operating system running on browser

shared by Gonzalo San Gil, PhD. on 03 Jan 16 - No Cached
  • Gonzalo San Gil, PhD. on 03 Jan 16
     
    "hort Bytes: OS.js is a free and open source operating system that runs in your web browser. Based on Javascript, this operating system comes with a fully-fledged window manager, ability to install applications, access to virtual filesystems and a lot more. Read more to know about the OS in detail."
Gonzalo San Gil, PhD.

Why Docker Is One of the Most Talked-About Technologies - 0 views

www.eweek.com/...talked-about-technologies.html

technologies open source Docker containerization networking

shared by Gonzalo San Gil, PhD. on 18 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 18 Nov 15
     
    [... But why is Docker so popular? What makes it the new technology that organizations big and small are racing to embrace? That's a question that Docker Inc.'s founder Solomon Hykes (pictured) and CEO Ben Golub answered during a two-and-half-hour keynote where they detailed the vision and the model that defines Docker's progress. ...]
Gonzalo San Gil, PhD.

Pirate Bay's .org Domain Suspended Pending ICANN Verification - TorrentFreak [Note] - 0 views

torrentfreak.com/ding-icann-verification-151207

The Pirate Bay .org domain suspension icann verification pending masking symptoms not solving cause bad strategy poitics censorship

shared by Gonzalo San Gil, PhD. on 07 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 07 Dec 15
     
    " Ernesto on December 7, 2015 C: 0 Breaking Pirate Bay's original .org domain was suspended by EuroDNS a few hours ago, after the registrant failed to verify the contact details. Even though it's no longer the main domain name for the site, the bookmark was still in use by many people as a redirect to Pirate Bay's latest home base. "
Gonzalo San Gil, PhD.

Court: Cox Willingly Failed to Disconnect Pirating Subscribers - TorrentFreak - 1 views

torrentfreak.com/ct-pirating-subscribers-151202

court cox willingly failed subscribers disconnection Internet piracy Hollywood vs Silicon Valley

shared by Gonzalo San Gil, PhD. on 03 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 03 Dec 15
     
    " Ernesto on December 2, 2015 C: 151 Breaking District Court Judge Liam O'Grady has just issued a detailed memorandum explaining why Cox isn't entitled to a safe harbor defense. He ruled that Cox willingly failed to disconnect repeat or flagrant 'pirate' subscribers, a decision that could have an enormous impact on all U.S. Internet providers. "
Gonzalo San Gil, PhD.

Copyright case over "Happy Birthday" is done, trial cancelled | Ars Technica UK - 0 views

arstechnica.co.uk/...irthday-is-over-trial-canceled

molesting copyright case against Happy Birthday cancelled agreement reached labels unhappy

shared by Gonzalo San Gil, PhD. on 10 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 10 Dec 15
     
    "Settlement details aren't yet public, but Warner/Chappell isn't happy. by Joe Mullin (US) - Dec 10, 2015 8:22am CET"
Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

theintercept.com/...r-for-spying-on-your-cellphone

surveillance state surveillance-devices catalog

shared by Paul Merrell on 18 Dec 15 - No Cached
  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
  • ...2 more annotations...
  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
Gonzalo San Gil, PhD.

Database of 4 million Adult Friend Finder users leaked for all to see | Ars Technica [#... - 0 views

arstechnica.com/...er-users-leaked-for-all-to-see

database million friend finder users leaked leaks business world plenty of bored gossipers or coward opportunists

shared by Gonzalo San Gil, PhD. on 29 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 29 Nov 15
     
    "by Dan Goodin - May 22, 2015 3:00 pm UTC Share Tweet 51 E-mail addresses, sexual orientations, and other sensitive details from almost four million AdultFriendFinder.com subscribers have been leaked onto the Internet following a hack that rooted the casual dating service, security researchers said."
Gonzalo San Gil, PhD.

NSA: Linux Journal is an "extremist forum" and its readers get flagged for extra survei... - 2 views

www.linuxjournal.com/...get-flagged-extra-surveillance

nsa Linux Journal linux journal GNU_Linux readers forum label mark extra surveillance activism for democracy labeled :( as terrorism

shared by Gonzalo San Gil, PhD. on 26 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 26 Nov 15
     
    [Jul 03, 2014 By Kyle Rankin in NSA Privacy Tor A new story published on the German site Tagesschau and followed up by BoingBoing and DasErste.de has uncovered some shocking details about who the NSA targets for surveillance including visitors to Linux Journal itself. ]
Paul Merrell

Challenge to data transfer tool used by Facebook will go to Europe's top court | TechCr... - 1 views

techcrunch.com/...k-will-go-to-europes-top-court

surveillance state NSA Irish_High_Court EU data-privacy litigation ECJ

shared by Paul Merrell on 06 Oct 17 - No Cached
  • The five-week court hearing in what is a complex case delving into detail on US surveillance operations took place in February. The court issued its ruling today. The 153-page ruling starts by noting “this is an unusual case”, before going into a detailed discussion of the arguments and concluding that the DPC’s concerns about the validity of SCCs should be referred to the European Court of Justice for a preliminary ruling. Schrems is also the man responsible for bringing, in 2013, a legal challenge that ultimately struck down Safe Harbor — the legal mechanism that had oiled the pipe for EU-US personal data flows for fifteen years before the ECJ ruled it to be invalid in October 2015. Schrems’ argument had centered on U.S. government mass surveillance programs, as disclosed via the Snowden leaks, being incompatible with fundamental European privacy rights. After the ECJ struck down Safe Harbor he then sought to apply the same arguments against Facebook’s use of SCCs — returning to Ireland to make the complaint as that’s where the company has its European HQ. It’s worth noting that the European Commission has since replaced Safe Harbor with a new (and it claims more robust) data transfer mechanism, called the EU-US Privacy Shield — which is now, as Safe Harbor was, used by thousands of businesses. Although that too is facing legal challenges as critics continue to argue there is a core problem of incompatibility between two distinct legal regimes where EU privacy rights collide with US mass surveillance.
  • Schrems’ Safe Harbor challenge also started in the Irish Court before being ultimately referred to the ECJ. So there’s more than a little legal deja vu here, especially given the latest development in the case. In its ruling on the SCC issue, the Irish Court noted that a US ombudsperson position created under Privacy Shield to handle EU citizens complaints about companies’ handling of their data is not enough to overcome what it described as “well founded concerns” raised by the DPC regarding the adequacy of the protections for EU citizens data.
  • Making a video statement outside court in Dublin today, Schrems said the Irish court had dismissed Facebook’s argument that the US government does not undertake any surveillance.
  • ...3 more annotations...
  • In a written statement on the ruling Schrems added: “I welcome the judgement by the Irish High Court. It is important that a neutral Court outside of the US has summarized the facts on US surveillance in a judgement, after diving through more than 45,000 pages of documents in a five week hearing.
  • On Facebook, he also said: “In simple terms, US law requires Facebook to help the NSA with mass surveillance and EU law prohibits just that. As Facebook is subject to both jurisdictions, they got themselves in a legal dilemma that they cannot possibly solve in the long run.”
  • While Schrems’ original complaint pertained to Facebook, the Irish DPC’s position means many more companies that use the mechanism could face disruption if SCCs are ultimately invalidated as a result of the legal challenge to their validity.
Gonzalo San Gil, PhD.

Reddit Refuses to Disclose Alleged Music Leaker's IP Address - TorrentFreak - 0 views

torrentfreak.com/usic-leakers-ip-address-160816

reddit web pages refuse polite policy cesnsor sharing identites

shared by Gonzalo San Gil, PhD. on 17 Aug 16 - No Cached
  • Gonzalo San Gil, PhD. on 17 Aug 16
     
    " Andy on August 16, 2016 C: 62 Breaking Reddit is refusing to hand over the personal details of one of its users to Atlantic Records. The user is accused of obtaining a copy of a single by band Twenty One Pilots ahead of its commercial release and posting a link on the site. But Reddit says the record label is on a "fishing expedition" and it won't comply."
Paul Merrell

Tripling Its Collection, NSA Sucked Up Over 530 Million US Phone Records in 2017 - 0 views

www.commondreams.org/...-million-us-phone-records-2017

surveillance state NSA phone-metadata

shared by Paul Merrell on 08 May 18 - No Cached
  • he National Security Agency (NSA) collected over 530 million phone records of Americans in 2017—that's three times the amount the spy agency sucked up in 2016. The figures were released Friday in an annual report from the Office of the Director of National Intelligence (ODNI). It shows that the number of "call detail records" the agency collected from telecommunications providers during Trump's first year in office was 534 million, compared to 151 million the year prior. "The intelligence community's transparency has yet to extend to explaining dramatic increases in their collection," said Robyn Greene, policy counsel at the Open Technology Institute. The content of the calls itself is not collected but so-called "metadata," which, as Gizmodo notes, "is supposedly anonymous, but it can easily be used to identify an individual. The information can also be paired with other publicly available information from social media and other sources to paint a surprisingly detailed picture of a person's life." The report also revealed that the agency, using its controversial Section 702 authority, increased the number of foreign targets of warrantless surveillance. It was 129,080 in 2017 compared to 106,469 in 2016. As digital rights group EFF noted earlier this year, Under Section 702, the NSA collects billions of communications, including those belonging to innocent Americans who are not actually targeted. These communications are then placed in databases that other intelligence and law enforcement agencies can access—for purposes unrelated to national security—without a warrant or any judicial review. "Overall," Jake Laperruque, senior counsel at the Project On Government Oversight, said to ZDNet, "the numbers show that the scale of warrantless surveillance is growing at a significant rate, but ODNI still won't tell Americans how much it affects them."
Paul Merrell

HART: Homeland Security's Massive New Database Will Include Face Recognition, DNA, and ... - 0 views

www.eff.org/...clude-face-recognition-dna-and

surveillance state DHS facial-recognition HART-database

shared by Paul Merrell on 11 Jun 18 - No Cached
  • The U.S. Department of Homeland Security (DHS) is quietly building what will likely become the largest database of biometric and biographic data on citizens and foreigners in the United States. The agency’s new Homeland Advanced Recognition Technology (HART) database will include multiple forms of biometrics—from face recognition to DNA, data from questionable sources, and highly personal data on innocent people. It will be shared with federal agencies outside of DHS as well as state and local law enforcement and foreign governments. And yet, we still know very little about it.The records DHS plans to include in HART will chill and deter people from exercising their First Amendment protected rights to speak, assemble, and associate. Data like face recognition makes it possible to identify and track people in real time, including at lawful political protests and other gatherings. Other data DHS is planning to collect—including information about people’s “relationship patterns” and from officer “encounters” with the public—can be used to identify political affiliations, religious activities, and familial and friendly relationships. These data points are also frequently colored by conjecture and bias.
  • DHS currently collects a lot of data. Its legacy IDENT fingerprint database contains information on 220-million unique individuals and processes 350,000 fingerprint transactions every day. This is an exponential increase from 20 years ago when IDENT only contained information on 1.8-million people. Between IDENT and other DHS-managed databases, the agency manages over 10-billion biographic records and adds 10-15 million more each week.
  • DHS’s new HART database will allow the agency to vastly expand the types of records it can collect and store. HART will support at least seven types of biometric identifiers, including face and voice data, DNA, scars and tattoos, and a blanket category for “other modalities.” It will also include biographic information, like name, date of birth, physical descriptors, country of origin, and government ID numbers. And it will include data we know to by highly subjective, including information collected from officer “encounters” with the public and information about people’s “relationship patterns.”
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  • DHS’s face recognition roll-out is especially concerning. The agency uses mobile biometric devices that can identify faces and capture face data in the field, allowing its ICE (immigration) and CBP (customs) officers to scan everyone with whom they come into contact, whether or not those people are suspected of any criminal activity or an immigration violation. DHS is also partnering with airlines and other third parties to collect face images from travelers entering and leaving the U.S. When combined with data from other government agencies, these troubling collection practices will allow DHS to build a database large enough to identify and track all people in public places, without their knowledge—not just in places the agency oversees, like airports, but anywhere there are cameras.Police abuse of facial recognition technology is not a theoretical issue: it’s happening today. Law enforcement has already used face recognition on public streets and at political protests. During the protests surrounding the death of Freddie Gray in 2015, Baltimore Police ran social media photos against a face recognition database to identify protesters and arrest them. Recent Amazon promotional videos encourage police agencies to acquire that company’s face “Rekognition” capabilities and use them with body cameras and smart cameras to track people throughout cities. At least two U.S. cities are already using Rekognition.DHS compounds face recognition’s threat to anonymity and free speech by planning to include “records related to the analysis of relationship patterns among individuals.” We don’t know where DHS or its external partners will be getting these “relationship pattern” records, but they could come from social media profiles and posts, which the government plans to track by collecting social media user names from all foreign travelers entering the country.
Paul Merrell

WikiLeaks Reveals Details Of CIA "Archimedes" Tool Used To Hack Local Area Networks - 0 views

www.mintpressnews.com/...227545

surveillance state CIAArchimedes malware page-redirection

shared by Paul Merrell on 05 May 17 - No Cached
  • In its seventh CIA leak since March 23rd, WikiLeaks has just revealed the user manual of a CIA hacking tool known as ‘Archimedes’ which is purportedly used to attack computers inside a Local Area Network (LAN).  The CIA tool works by redirecting a target’s The CIA tool works by redirecting a target’s web page search to a CIA server which serves up a web page that looks exactly like the original page they were expecting to be served, but which contains malware. It’s only possible to detect the attack by examining the page source.
Paul Merrell

'Major Win': Judge Says Suit to Break Up Facebook Empire Can Proceed - 0 views

www.commondreams.org/...ak-facebook-empire-can-proceed

Facebook antitrust-litigation

shared by Paul Merrell on 13 Jan 22 - No Cached
  • A federal judge ruled Tuesday that the Federal Trade Commission's revised antitrust lawsuit against Meta Platforms, the parent company of Facebook, can move forward—a potentially significant blow to the social media empire, which sought to have the case dismissed.In an amended complaint filed last August, the FTC provided additional data and stronger details to back up its allegations that Facebook has maintained a monopoly on social networking services for the past decade by "illegally acquiring innovative competitors and burying successful app developers."U.S. District Judge James Boasberg—who in June dismissed the FTC's first antitrust complaint against Facebook, calling it "legally insufficient"—wrote in Tuesday's ruling that the evidence in the agency's second filing is "far more robust and detailed than before."
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