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We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans. U.S. law and the Constitution protect American citizens and legal residents from warrantless surveillance. That means we have a very strong legal case to challenge mass surveillance conducted domestically or that sweeps in Americans’ communications.  Similarly, the United States Congress is elected by American voters. That means Congressional representatives are beholden to the American people for their jobs, so public pressure from constituents can help influence future laws that might check some of the NSA’s most egregious practices. But what about everyone else? What about the 96% of the world’s population who are citizens of other countries, living outside U.S. borders. They don't get a vote in Congress. And current American legal protections generally only protect citizens, legal residents, or those physically located within the United States. So what can EFF do to protect the billions of people outside the United States who are victims of the NSA’s spying?

For years, we’ve been working on a strategy to end mass surveillance of digital communications of innocent people worldwide. Today we’re laying out the plan, so you can understand how all the pieces fit together—that is, how U.S. advocacy and policy efforts connect to the international fight and vice versa. Decide for yourself where you can get involved to make the biggest difference. This plan isn’t for the next two weeks or three months. It’s a multi-year battle that may need to be revised many times as we better understand the tools and authorities of entities engaged in mass surveillance and as more disclosures by whistleblowers help shine light on surveillance abuses.

EFF, Human Rights Watch, and Over 70 Civil Society Groups Ask Mark Zuckerberg to Provide All Users with Mechanism to Appeal Content Censorship on Facebook World’s Freedom of Expression Is In Your Hands, Groups Tell CEO San Francisco—The Electronic Frontier Foundation (EFF) and more than 70 human and digital rights groups called on Mark Zuckerberg today to add real transparency and accountability to Facebook’s content removal process. Specifically, the groups demand that Facebook clearly explain how much content it removes, both rightly and wrongly, and provide all users with a fair and timely method to appeal removals and get their content back up. While Facebook is under enormous—and still mounting—pressure to remove material that is truly threatening, without transparency, fairness, and processes to identify and correct mistakes, Facebook’s content takedown policies too often backfire and silence the very people that should have their voices heard on the platform.  Politicians, museums, celebrities, and other high profile groups and individuals whose improperly removed content can garner media attention seem to have little trouble reaching Facebook to have content restored—they sometimes even receive an apology. But the average user? Not so much. Facebook only allows people to appeal content decisions in a limited set of circumstances, and in many cases, users have absolutely no option to appeal. Onlinecensorship.org, an EFF project for users to report takedown notices, has collected reports of hundreds of unjustified takedown incidents where appeals were unavailable. For most users, content Facebook removes is rarely restored, and some are banned from the platform for no good reason. EFF, Article 19, the Center for Democracy and Technology, and Ranking Digital Rights wrote directly to Mark Zuckerberg today demanding that Facebook implement common sense standards so that average users can easily appeal content moderation decisions, receive prompt replies and timely review by a human or humans, and have the opportunity to present evidence during the review process. The letter was co-signed by more than 70 human rights, digital rights, and civil liberties organizations from South America, Europe, the Middle East, Asia, Africa, and the U.S.

Throughout the past ten years, the FBI has at varying points in time maintained a particularly close relationship with Best Buy officials and used the company’s Geek Squad employees as informants. But the FBI refuses to confirm or deny key information about how the agency may potentially circumvent computer owners’ Fourth Amendment rights. The Electronic Frontier Foundation (EFF) obtained a handful of documents in response to a Freedom of Information Act (FOIA) lawsuit filed in February of last year. EFF says they show the relationship between the FBI and Geek Squad employees is much “cozier” than they thought.

In court filings, the defense mentioned there were “eight FBI informants at Geek Squad City” from 2007 to 2012. Multiple employees received payments ranging from $500-1000 for work as informants.

There is no evidence that FBI obtained warrants before the Geek Squad informants searched computers they were repairing. It is believed Geek Squad employees routinely search unallocated space for any illegal content that may be on a device and then alert the FBI after conducting “fishing expeditions” for criminal activity, and this is what the FBI trains them to do. EFF sought “records about the extent to which [the FBI] directs and trains Best Buy employees to conduct warrantless searches of people’s devices.” As is clear, the government stonewalled EFF and only released documents that were already referred to by news media. The FBI neither confirmed nor denied whether the agency has “similar relationships with other computer repair facilities or businesses.” The FBI also would not produce any documents that detailed procedures or “training materials” for cultivating informants at computer repair facilities.

The World Wide Web Consortium (W3C), once the force for open standards that kept browsers from locking publishers to their proprietary capabilities, has changed its mission. Since 2013, the organization has provided a forum where today's dominant browser companies and the dominant entertainment companies can collaborate on a system to let our browsers control our behavior, rather than the other way. This system, "Encrypted Media Extensions" (EME) uses standards-defined code to funnel video into a proprietary container called a "Content Decryption Module." For a new browser to support this new video streaming standard -- which major studios and cable operators are pushing for -- it would have to convince those entertainment companies or one of their partners to let them have a CDM, or this part of the "open" Web would not display in their new browser. This is the opposite of every W3C standard to date: once, all you needed to do to render content sent by a server was follow the standard, not get permission. If browsers had needed permission to render a page at the launch of Mozilla, the publishers would have frozen out this new, pop-up-blocking upstart. Kiss Firefox goodbye, in other words.

The W3C didn't have to do this. No copyright law says that making a video gives you the right to tell people who legally watch it how they must configure their equipment. But because of the design of EME, copyright holders will be able to use the law to shut down any new browser that tries to render the video without their permission. That's because EME is designed to trigger liability under section 1201 of the Digital Millennium Copyright Act (DMCA), which says that removing a digital lock that controls access to a copyrighted work without permission is an offense, even if the person removing the lock has the right to the content it restricts. In other words, once a video is sent with EME, a new company that unlocks it for its users can be sued, even if the users do nothing illegal with that video. We proposed that the W3C could protect new browsers by making their members promise not to use the DMCA to attack new entrants in the market, an idea supported by a diverse group of W3C members, but the W3C executive overruled us saying the work would go forward with no safeguards for future competition. It's even worse than at first glance. The DMCA isn't limited to the USA: the US Trade Representative has spread DMCA-like rules to virtually every country that does business with America. Worse still: the DMCA is also routinely used by companies to threaten and silence security researchers who reveal embarrassing defects in their products. The W3C also declined to require its members to protect security researchers who discover flaws in EME, leaving every Web user vulnerable to vulnerabilities whose disclosure can only safely take place if the affected company decides to permit it.

The W3C needs credibility with people who care about the open Web and innovation in order to be viable. They are sensitive to this kind of criticism. We empathize. There are lots of good people working there, people who genuinely, passionately want the Web to stay open to everyone, and to be safe for its users. But the organization made a terrible decision when it opted to provide a home for EME, and an even worse one when it overruled its own members and declined protection for security research and new competitors. It needs to hear from you now. Please share this post, and spread the word. Help the W3C be the organization it is meant to be.

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

today we’re excited to contribute back to the open source community by launching First Look Code, the home for our own open source projects related to privacy, security, data, and journalism. To begin with, First Look Code is the new home for document sanitization software PDF Redact Tools, and we’ve launched a brand new anti-gag order project called AutoCanary.

AutoCanary A warrant canary is a regularly published statement that a company hasn’t received any legal orders that it’s not allowed to talk about, such as a national security letter. Canaries can help prevent web publishers from misleading visitors and prevent tech companies from misleading users when they share data with the government and are prevented from talking about it. One such situation arose — without a canary in place — in 2013, when the U.S. government sent Lavabit, a provider of encrypted email services apparently used by Snowden, a legal request to access Snowden’s email, thwarting some of the very privacy protections Lavabit had promised users. This request included a gag order, so the company was legally prohibited from talking about it. Rather than becoming “complicit in crimes against the American people,” in his words, Lavabit founder Ladar Levison, chose to shut down the service.

Warrant canaries are designed to help companies in this kind of situation. You can see a list of companies that publish warrant canary statements at Canary Watch. As of today, First Look Media is among the companies that publish canaries. We’re happy to announce the first version of AutoCanary, a desktop program for Windows, Mac OS X, and Linux that makes the process of generating machine-readable, digitally-signed warrant canary statements simpler. Read more about AutoCanary on its new website.

As part of an effort to make encryption a standard component of every application, the Linux Foundation has launched the Let's Encrypt project (announcement) and stated its intention to provide access to a free certificate management service. Jim Zemlin, executive director for the Linux Foundation, says the goal for the project is nothing less than universal adoption of encryption to disrupt a multi-billion dollar hacker economy. While there may never be such a thing as perfect security, Zemlin says it's just too easy to steal data that is not encrypted. In its current form, encryption is difficult to implement and a lot of cost and overhead is associated with managing encryption keys. Zemlin claims the Let's Encrypt project will reduce the effort it takes to encrypt data in an application down to two simple commands. The project is being hosted by the Linux Foundation, but the actual project is being managed by the Internet Security Research Group. This work is sponsored by Akamai, Cisco, EFF, Mozilla, IdenTrust, and Automattic, which all are Linux Foundation patrons. Visit Let's Encrypt official website to get involved.

The Sixth Circuit Court of Appeals has handed down a ruling that delights privacy advocates and Fourth Amendment purists: In U.S. v. Warshak, it found that the government should have obtained a search warrant before seizing and searching defendant Stephen Warshak's emails, which were stored by email service providers.

It is an important ruling, because it is the first time a federal court of appeals has extended the Fourth Amendment to email with such careful consideration, and it is likely to be influential on both legal and practical levels

The decision is particularly important because the Stored Communications Act does allow the government to secretly obtain emails without a warrant in many situations, according to the EFF, which filed an amicus brief in the case.

This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.

Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy

David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.

Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”

Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.

In a post on Wednesday, researchers Alex Halderman and Nadia Heninger presented compelling research suggesting that the NSA has developed the capability to decrypt a large number of HTTPS, SSH, and VPN connections using an attack on common implementations of the Diffie-Hellman key exchange algorithm with 1024-bit primes. Earlier in the year, they were part of a research group that published a study of the Logjam attack, which leveraged overlooked and outdated code to enforce "export-grade" (downgraded, 512-bit) parameters for Diffie-Hellman. By performing a cost analysis of the algorithm with stronger 1024-bit parameters and comparing that with what we know of the NSA "black budget" (and reading between the lines of several leaked documents about NSA interception capabilities) they concluded that it's likely NSA has been breaking 1024-bit Diffie-Hellman for some time now. The good news is, in the time since this research was originally published, the major browser vendors (IE, Chrome, and Firefox) have removed support for 512-bit Diffie-Hellman, addressing the biggest vulnerability. However, 1024-bit Diffie-Hellman remains supported for the forseeable future despite its vulnerability to NSA surveillance. In this post, we present some practical tips to protect yourself from the surveillance machine, whether you're using a web browser, an SSH client, or VPN software. Disclaimer: This is not a complete guide, and not all software is covered.

The lawsuit, which comes after multiple Motherboard investigations into phone location data selling, is seeking an injunction against AT&T which would try to enforce the deletion of any sold data.

A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”

The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”

The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:

Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 

"Danny O'Brien from the EFF has a weblog post about how the Encrypted Media Extension (EME) proposal will continue to be part of HTML Work Group's bailiwick and may make it into a future HTML revision." From O'Brien's post: "A Web where you cannot cut and paste text; where your browser can't 'Save As...' an image; where the 'allowed' uses of saved files are monitored beyond the browser; where JavaScript is sealed away in opaque tombs; and maybe even where we can no longer effectively 'View Source' on some sites, is a very different Web from the one we have today. It's a Web where user agents—browsers—must navigate a nest of enforced duties every time they visit a page. It's a place where the next Tim Berners-Lee or Mozilla, if they were building a new browser from scratch, couldn't just look up the details of all the 'Web' technologies. They'd have to negotiate and sign compliance agreements with a raft of DRM providers just to be fully standards-compliant and interoperable."