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Paul Merrell

Carakan - By Opera Core Concerns - 0 views

my.opera.com/...carakan

Javascript Opera

shared by Paul Merrell on 06 Feb 09 - Cached
  • Over the past few months, a small team of developers and testers have been working on implementing a new ECMAScript/JavaScript engine for Opera. When Opera's current ECMAScript engine, called Futhark, was first released in a public version, it was the fastest engine on the market. That engine was developed to minimize code footprint and memory usage, rather than to achieve maximum execution speed. This has traditionally been a correct trade-off on many of the platforms Opera runs on. The Web is a changing environment however, and tomorrow's advanced web applications will require faster ECMAScript execution, so we have now taken on the challenge to once again develop the fastest ECMAScript engine on the market.
  • So how fast is Carakan? Using a regular cross-platform switch dispatch mechanism (without any generated native code) Carakan is currently about two and a half times faster at the SunSpider benchmark than the ECMAScript engine in Presto 2.2 (Opera 10 Alpha). Since Opera is ported to many different hardware architectures, this cross-platform improvement is on its own very important. The native code generation in Carakan is not yet ready for full-scale testing, but the few individual benchmark tests that it is already compatible with runs between 5 and 50 times faster, so it is looking promising so far.
Paul Merrell

Apache News Online: 24 January 2009 - Apache Cocoon 3.0.0 Alpha 1 Now Avaiable - 0 views

www.apachenews.org/...001247.html

apache cocoon cocoon3 web app glue

shared by Paul Merrell on 29 Jan 09 - Cached
  • The Apache Cocoon Community is proud to announce the release of Cocoon 3.0.0-alpha-1. Apache Cocoon 3 is a major rewrite of Cocoon 2.2. Like Cocoon 2 it is based around the concept of pipelines and sitemaps and it is very similar to Cocoon 2.2 in many respects but is slimmed down and designed to be *easily usable from within any Java environment*.
  • Apache Cocoon is a web development framework built around the concepts of separation of concerns (making sure people can interact and collaborate on a project, without stepping on each other toes) and component-based web development. Cocoon implements these concepts around the notion of "component pipelines", each component on the pipeline specializing on a particular operation. This makes it possible to use a "building block" approach for web solutions, hooking together components into pipelines without any required programming.
Paul Merrell

Alfresco Labs 3.0 Final Version Supports CMIS - 0 views

xml.coverpages.org/AlfrescoLabsV30-CMIS.html

Alfresco CMIS collaboration sharepoint interop

shared by Paul Merrell on 22 Jan 09 - Cached
  • Alfresco Software Inc., today announced the general availability of Alfresco Labs 3 Final. This is a milestone release for Alfresco Labs and is immediately available for download under the open source GPL license at:       http://wiki.alfresco.com/wiki/Download_Labs "In the current economic environment organizations seek more cost effective and productive methods of managing increased volumes of content and greater levels of compliance. Alfresco delivers an innovative solution for ECM, while dramatically reducing the associated costs," said John Newton, CTO of Alfresco Software. "This release is designed to be the open source content services platform for all Alfresco and non-Alfresco content applications from document management and web content management to wikis. Alfresco has already utilized the emerging CMIS standard to integrate content services to other open source systems like Joomla, as well as offering integrations to MediaWiki, Open Office and WordPress. We strongly recommend that our open source community download this release."
  • Native SharePoint protocol support: Seamless document editing via SharePoint protocol Flex Document Previewer: Zoom, snap points and full-screen AJAX Calendar: Drag-and-drop event support Links Directory Manager: Share internal and external links Document Management Enhanced SharePoint protocol site and workspace support Email Management Email-In Smart Folders: Email storage with attachment support
  • CMIS REST and Web Services binding Content Management Interoperability Services (CMIS) support SharePoint Protocol Support Native SharePoint Protocol support from Microsoft Office and Alfresco Share
  • ...1 more annotation...
  • Alfresco has seen major adoption of its open source ECM system throughout the world. There have been over 1.5 million downloads of Alfresco Labs. Alfresco Labs is designed to be the research vehicle for new features, enabling developers to access a nightly build with the latest functionality. The Alfresco Labs 3 build is a stable build with basic QA against an open source stack. Alfresco Enterprise is the supported Alfresco build and is used by more than 700 enterprise customers, including the NYSE, Los Angeles Times, Boise Cascade, Sony Pictures, Activision, Kaplan, FedEx, and KLM.
  • Paul Merrell on 22 Jan 09
     
    Virtually all of the big ECM players have joined the OASIS CMIS TC, but how many are there to collaborate and how many to obstruct? See . The Alfresco Labs FOSS CMIS and BPM hub seems to be gaining by leaps and bounds and now offers even more app interop connections including -- vitally -- with Sharepoint. CMIS is a standard we might keep an eye on.
Gary Edwards

The Grand Convergence: Web + RIA + Widgets + Client/Server - 0 views

ajax.sys-con.com/516151

ria webkit air silverlight widgets

shared by Gary Edwards on 06 Nov 08 - Cached
  • he architecture of the Widget engine divides the client technology into two parts, the engine and the widgets. The widget engine is usually a pretty large download.
  • The widget engine is really a wonderful architecture that gives you the power of the desktop (via the widget engine) and the management of the Web (via widget downloads).  Widget engines can out-perform RIA solutions and they can store larger data sets. 
  • Fit Client applications can be centrally managed, yet remain resident on the desktop. They can offer access to standard web content (e.g. HTML) without the need of a browser. Fit Clients can leverage the processing power and disc space of the client machine, but they can also offer more restrictive and secure environments than client/server platforms.
  • Gary Edwards on 06 Nov 08
     
    Excellent overview of where applications are going. Richard Monson-Haefel, (whom i met at the 2008 Web 2.0 Conference) explains the convergence of four emerging application models: Web Clients (Browsers), RiA Clients, Client/Server, and Widget Engines. He comes up with a convergence point called "Fit Client", offering Adobe Air as the leading example. Richard walks through each application model, discussing limitations and advantages. Good stuff, especially this comment: "The widget engine is really a wonderful architecture that gives you the power of the desktop (via the widget engine) and the management of the Web (via widget downloads).  Widget engines can out-perform RIA solutions and they can store larger data sets.    The limitation of Widget engines is not in their architecture, it is that they have been designed for applications with fairly weak capabilities compared to client/server. Widgets tend to be single-purpose applications with limited access to the native operating system. That said, the widget architecture itself - the separation of the platform from the applications - is important. It makes it possible to create applications (widgets) that are portable across operating systems and are packaged for easy download and installation. "
Paul Merrell

TelecomTV - TelecomTV One - News - 0 views

web20.telecomtv.com/pages

cloud operating system microsoft

shared by Paul Merrell on 04 Oct 08 - Cached
  • Microsoft will unveil a new OS by the end of the month, according to CEO Steve Ballmer. Currently dubbed “Windows Cloud” but likely to gain a new moniker by launch, the platform is intended to create a better environment for developing Web-based applications.Ballmer told attendees of a London conference Windows Cloud was intended as an adjunct to the forthcoming Vista replacement Windows 7.
Paul Merrell

Cover Pages: Content Management Interoperability Services (CMIS) - 0 views

xml.coverpages.org/cmis.html

CMIS CMS interop standards convergence

shared by Paul Merrell on 04 Dec 08 - Cached
  • "Business challenges: (1) Enterprises needed to aggregate/reuse business content trapped in disparate repositories: Different systems deployed in different departments, Systems inherited through business acquisition and merger. (2) Companies needed to get up-to-date information from business partner's repository: E.g. Aircraft maintenance crew needed to access manufacturers' vast manual repository to get the latest spec and procedure to comply with FAA regulation. (3) ISVs wanted a single application code-base that can be deployed in different repository environments: Lower development and maintenance cost, Bigger addressable market... Content Management Interoperability Services is a Web-based, protocol-layer interface to enable application to interoperate with disparate content management systems. It is platform-and language-agnostic, message-based, with loose coupling.
  • The specification was drafted by EMC, IBM, and Microsoft in a project started October 2006. Additional collaborators include: Alfresco, Open Text, Oracle, and SAP. Interoperability has been validated by all seven vendors.
Paul Merrell

YouTube flushes Flash for future flicks * The Register - 0 views

www.theregister.co.uk/...lushes_flash_for_future_flicks

HTML5 Flash Youtube

shared by Paul Merrell on 28 Jan 15 - No Cached

  • YouTube has decided it's had enough of Adobe's perenially-p0wned Flash and will therefore now default to delivering video with the HTML5 <video> tag.

    A post by the video vault's engineering and development team says the move is now possible, and sensible, because the industry has invented useful things like adaptive bitrates, encryption, new codecs and WebRTC that make the <video> usable work in the real world.

    Those additions mean HTML5 is at least as functional – or more so – than Flash, and if YouTube detects you are running Chrome, IE 11, Safari 8 and beta versions of Firefox, it'll now deliver video using <video> and flush Flash.

    YouTube's also decided to can what it calls the “'old style' of Flash embeds and our Flash API. We encourage all embedders to use the iframe API, which can intelligently use whichever technology the client supports.”

  • YouTube seems not to care a jot that its actions are inimical to Adobe, saying it's just doing what all the cool kids – Netflix, Apple, Microsoft and its competitor Vimeo – have already done. Which is not to say that Flash is dead: those who don't run the browsers above will still get YouTube delivered by whatever technology works bes tin their environment. And that will often – perhaps too often* – be Flash. ® Bootnote * Until they get p0wned, that is: Flash is so horridly buggy that Apple has just updated its plugin-blockers to foil versions of the product prior to 16.0.0.296 and 13.0.0.264.
Paul Merrell

Information Warfare: Automated Propaganda and Social Media Bots | Global Research - 0 views

www.globalresearch.ca/...5438304

automated-propaganda social-media-bots

shared by Paul Merrell on 25 Mar 15 - No Cached
  • NATO has announced that it is launching an “information war” against Russia. The UK publicly announced a battalion of keyboard warriors to spread disinformation. It’s well-documented that the West has long used false propaganda to sway public opinion. Western military and intelligence services manipulate social media to counter criticism of Western policies. Such manipulation includes flooding social media with comments supporting the government and large corporations, using armies of sock puppets, i.e. fake social media identities. See this, this, this, this and this. In 2013, the American Congress repealed the formal ban against the deployment of propaganda against U.S. citizens living on American soil. So there’s even less to constrain propaganda than before.
  • Information warfare for propaganda purposes also includes: The Pentagon, Federal Reserve and other government entities using software to track discussion of political issues … to try to nip dissent in the bud before it goes viral “Controlling, infiltrating, manipulating and warping” online discourse Use of artificial intelligence programs to try to predict how people will react to propaganda
  • Some of the propaganda is spread by software programs. We pointed out 6 years ago that people were writing scripts to censor hard-hitting information from social media. One of America’s top cyber-propagandists – former high-level military information officer Joel Harding – wrote in December: I was in a discussion today about information being used in social media as a possible weapon. &nbsp;The people I was talking with have a tool which scrapes social media sites, gauges their sentiment and gives the user the opportunity to automatically generate a persuasive response. Their tool is called a “Social Networking Influence Engine”. *** The implications seem to be&nbsp;profound&nbsp;for the information environment. *** The people who own this tool are in the civilian world and don’t even remotely touch the defense sector, so getting approval from the US Department of State might not even occur to them.
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  • How Can This Real? Gizmodo reported in 2010: Software developer Nigel Leck got tired rehashing the same 140-character arguments against climate change deniers, so he programmed a bot that does the work for him. With citations! Leck’s bot, @AI_AGW, doesn’t just respond to arguments directed at Leck himself, it goes out and picks fights. Every five minutes it trawls Twitter for terms and phrases that commonly crop up in Tweets that refute human-caused climate change. It then searches its database of hundreds to find a counter-argument best suited for that tweet—usually a quick statement and a link to a scientific source. As can be the case with these sorts of things, many of the deniers don’t know they’ve been targeted by a robot and engage AI_AGW in debate. The bot will continue to fire back canned responses that best fit the interlocutor’s line of debate—Leck says this goes on for days, in some cases—and the bot’s been outfitted with a number of responses on the topic of religion, where the arguments unsurprisingly often end up. Technology has come a long way in the past 5 years. So if a lone programmer could do this 5 years ago, imagine what he could do now. And the big players have a lot more resources at their disposal than a lone climate activist/software developer does.&nbsp; For example, a government expert told the Washington Post that the government “quite literally can watch your ideas form as you type” (and see this).&nbsp; So if the lone programmer is doing it, it’s not unreasonable to assume that the big boys are widely doing it.
  • How Effective Are Automated Comments? Unfortunately, this is more effective than you might assume … Specifically, scientists have shown that name-calling and swearing breaks down people’s ability to think rationally … and intentionally sowing discord and posting junk comments to push down insightful comments&nbsp; are common propaganda techniques. Indeed, an automated program need not even be that sophisticated … it can copy a couple of words from the main post or a comment, and then spew back one or more radioactive labels such as “terrorist”, “commie”, “Russia-lover”, “wimp”, “fascist”, “loser”, “traitor”, “conspiratard”, etc. Given that Harding and his compadres consider anyone who questions any U.S. policies as an enemy of the state&nbsp; – as does the Obama administration (and see this) – many honest, patriotic writers and commenters may be targeted for automated propaganda comments.
Gonzalo San Gil, PhD.

The Linux desktop battle (and why it matters) - TechRepublic - 2 views

www.techrepublic.com/...ktop-battle-and-why-it-matters

linux desktop battle party why IT matters strong community despite proprietary press pamphlets

shared by Gonzalo San Gil, PhD. on 30 Mar 15 - No Cached
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution.
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    "Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution. Linux desktop I have been using Ubuntu Unity for a very long time. In fact, I would say that this is, by far, the longest I've stuck with a single desktop interface. Period. That doesn't mean I don't stop to smell the desktop roses along the Linux path. In fact, I've often considered other desktops as a drop-in replacement for Unity. GNOME and Budgie have vied for my attention of late. Both are solid takes on the desktop that offer a minimalistic, modern look and feel (something I prefer) and help me get my work done with an efficiency other desktops can't match. What I see across the Linux landscape, however, often takes me by surprise. While Microsoft and Apple continue to push the idea of the user interface forward, a good amount of the Linux community seems bent on holding us in a perpetual state of "90s computing." Consider Xfce, Mate, and Cinnamon -- three very popular Linux desktop interfaces that work with one very common thread... not changing for the sake of change. Now, this can be considered a very admirable cause when it's put in place to ensure that user experience (UX) is as positive as possible. What this idea does, however, is deny the idea that change can affect an even more efficient and positive UX. When I spin up a distribution that makes use of Xfce, Mate, or Cinnamon, I find the environments work well and get the job done. At the same time, I feel as if the design of the desktops is trapped in the wrong era. At this point, you're certainly questioning the validity and path of this post. If the desktops work well and help you get the job done, what's wrong? It's all about perception. Let me offer you up a bit of perspective. The only reason Apple managed to rise from the ashes and become one of the single most powerful forces in technology is because they understood the concept of perception. They re-invented th
  • Gonzalo San Gil, PhD. on 30 Mar 15
     
    Jack Wallen ponders the problem with the ever-lagging acceptance of the Linux desktop and poses a radical solution.
Paul Merrell

Edward Snowden Explains How To Reclaim Your Privacy - 0 views

theintercept.com/...ns-how-to-reclaim-your-privacy

surveillance state Snowden operational-security advice must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Micah Lee: What are some&nbsp;operational&nbsp;security practices&nbsp;you think everyone should adopt? Just useful stuff&nbsp;for&nbsp;average people. Edward Snowden: [Opsec]&nbsp;is important even if you’re not worried about the NSA. Because when you think about who the victims of surveillance are, on a day-to-day basis, you’re thinking about people who are in abusive spousal relationships, you’re thinking about people who are concerned about stalkers, you’re thinking about children who are concerned about their parents overhearing things. It’s to reclaim a level of privacy. The first step that anyone could take is to encrypt their phone calls and their text messages. You can do that through the smartphone app Signal, by Open Whisper Systems. It’s free, and you can just download it immediately. And anybody you’re talking to now, their communications, if it’s intercepted, can’t be read by adversaries. [Signal is available for iOS and Android, and, unlike a lot of security tools, is&nbsp;very easy to use.] You should encrypt your hard disk, so that if your computer is stolen the information isn’t obtainable to an adversary&nbsp;—&nbsp;pictures, where you live, where you work, where your kids are, where you go to school. [I’ve written a guide to encrypting your disk&nbsp;on Windows, Mac, and Linux.] Use a password manager. One of the main things that gets people’s private information exposed, not necessarily to the most powerful adversaries, but to the most common ones, are data dumps. Your credentials may be revealed because some service you stopped using in 2007 gets hacked, and your password that you were using for that&nbsp;one site also works for your Gmail account. A password manager allows you to create unique passwords for every site that are unbreakable, but you don’t have the burden of memorizing them. [The password manager KeePassX&nbsp;is free, open source, cross-platform, and never stores anything in the cloud.]
  • The other thing there is two-factor authentication. The value of this is if someone does steal your password, or it’s left or exposed somewhere … [two-factor authentication]&nbsp;allows the provider to send you a secondary means of authentication&nbsp;—&nbsp;a text message or something like that. [If you enable two-factor authentication, an attacker needs both your password as the first factor and a physical device, like your phone, as your second factor, to login to your account. Gmail, Facebook, Twitter, Dropbox, GitHub, Battle.net, and tons of other services all support&nbsp;two-factor authentication.]
  • We should armor ourselves using systems we can rely on every day. This doesn’t need to be an extraordinary lifestyle change. It doesn’t have to be something that is disruptive. It should be invisible, it should be atmospheric, it should be something that happens painlessly, effortlessly. This is why I like apps like Signal, because they’re low friction. It doesn’t require you to re-order your life. It doesn’t require you to change your method of communications. You can use it right now to talk to your friends.
  • ...4 more annotations...
  • Lee: What do you think about Tor? Do you think that everyone should be familiar with it, or do you think that it’s only a use-it-if-you-need-it thing? Snowden: I think Tor is the most important privacy-enhancing technology project being used today. I use Tor personally all the time. We know it works from at least one anecdotal case that’s fairly familiar to most people at this point. That’s not to say that Tor is bulletproof. What Tor does is it provides a measure of security and allows you to disassociate your physical location. … But the basic idea, the concept of Tor that is so valuable, is that it’s run by volunteers. Anyone can create a new node on the network, whether it’s an entry node, a middle router, or an exit point, on the basis of their willingness to accept some risk. The voluntary nature of this network means that it is survivable, it’s resistant, it’s flexible. [Tor Browser&nbsp;is a great way to selectively use Tor to look something up and not leave a trace that you did it. It can also help bypass censorship when you’re on a network where certain sites are blocked. If you want to get more involved, you can volunteer to run your own Tor node, as I do,&nbsp;and support the diversity of the Tor network.]
  • Lee: So that is all stuff that everybody should be doing. What about people who have exceptional threat models, like future intelligence-community whistleblowers, and&nbsp;other people who have nation-state adversaries? Maybe journalists, in some cases, or activists, or people&nbsp;like that? Snowden: So the first answer&nbsp;is that you can’t learn this from a single article. The needs of every individual in a high-risk environment are different. And the capabilities of the adversary are constantly improving. The tooling changes as well. What really matters is to be conscious of the principles of compromise. How can the adversary, in general, gain access to information that is sensitive to you? What kinds of things do you need to protect? Because of course you don’t need to hide everything from the adversary. You don’t need to live a paranoid life, off the grid, in hiding, in the woods in Montana. What we do need to protect are the facts of our activities, our beliefs, and our lives that could be used against us in manners that are contrary to our interests. So when we think about this for whistleblowers, for example, if you witnessed some kind of wrongdoing and you need to reveal this information, and you believe there are people that want to interfere with that, you need to think about how to compartmentalize that.
  • Tell no one who doesn’t need to know. [Lindsay Mills, Snowden’s girlfriend of several years, didn’t know that he had been collecting documents to leak to journalists until she heard about it on the news, like everyone else.] When we talk about whistleblowers and what to do, you want to think about tools for protecting your identity, protecting the existence of the relationship from any type of conventional communication system. You want to use something like SecureDrop, over the Tor network, so there is no connection between the computer that you are using at the time — preferably with a non-persistent operating system like Tails, so you’ve left no forensic trace on the machine you’re using, which hopefully is a disposable machine that you can get rid of afterward, that can’t be found in a raid, that can’t be analyzed or anything like that — so that the only outcome of your operational activities are the stories reported by the journalists. [SecureDrop is a whistleblower submission system. Here is a guide to using The Intercept’s&nbsp;SecureDrop server as safely as possible.]
  • And this is to be sure that whoever has been engaging in this wrongdoing cannot distract from the controversy by pointing to your physical identity. Instead they have to deal with the facts of the controversy rather than the actors that are involved in it. Lee: What about for people who are, like, in a repressive regime and are trying to … Snowden: Use Tor. Lee: Use Tor? Snowden: If you’re not using Tor you’re doing it wrong. Now, there is a counterpoint here where the use of privacy-enhancing technologies in certain areas can actually single you out for additional surveillance through the exercise of repressive measures. This is why it’s so critical for developers who are working on security-enhancing tools to not make their protocols stand out.
  • Paul Merrell on 16 Nov 15
     
    Lots more in the interview that I didn't highlight. This is a must-read.
Paul Merrell

Bulk Collection Under Section 215 Has Ended… What's Next? | Just Security - 0 views

www.justsecurity.org/...lk-collection-ended-whats-next

surveillance state NSA-reform 215 bulk-collection EO-12333

shared by Paul Merrell on 01 Dec 15 - No Cached
  • The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”
  • But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.
  • There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.
  • ...2 more annotations...
  • The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.
  • Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.
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