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Gonzalo San Gil, PhD.

Steve Albini Takes On 'Parasitic' Record Labels And Copyright's 'Outdated' Illusion Of ... - 0 views

www.techdirt.com/...utdated-illusion-control.shtml

steve albini on parasitic record labels copyright illusion control

shared by Gonzalo San Gil, PhD. on 01 Jun 15 - No Cached
  • Gonzalo San Gil, PhD. on 01 Jun 15
     
    "from the the-future's-here-if-you-want-it dept Musician and producer Steve Albini has never been a fan of the recording industry. He posted the definitive essay on how labels screw artists over 20 years ago, and it's just as relevant today as it was then. The internet (read: file sharing) has been public enemy #1 for the recording industry (and now the motion picture industry), despite offering a host of benefits to artists and labels. "
Gonzalo San Gil, PhD.

The UK's proposed 10-year max jail term for file sharing must be stopped | Ars Technica UK - 0 views

arstechnica.co.uk/...t-infringement-must-be-stopped

max jail term file sharing proposed UK public consultation participation for justice common sense culture

shared by Gonzalo San Gil, PhD. on 10 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 10 Aug 15
     
    "Op-ed: Fortunately, it's not too late to object to the copyright change-here's how. by Glyn Moody - Aug 10, 2015 2:53 pm UTC"
Gonzalo San Gil, PhD.

Can you defame someone with a hyperlink? - 0 views

arstechnica.com/...eone-with-a-mere-hyperlink.ars

defamation hyperlink

shared by Gonzalo San Gil, PhD. on 06 Dec 10 - No Cached
  • Gonzalo San Gil, PhD. on 06 Dec 10
     
    [.... "Gang of Crookes" Newton is the publisher of p2pnet, a site which has for years chronicled the online file-sharing world. Back in 2006, Newton wrote a piece about local Vancouver businessman Wayne Crookes, the owner of West Coast Title Search Ltd. Crookes had just sued a man named Mike Pilling for writing allegedly defamatory articles about Crookes and publishing them on the Internet (Crookes had previously fired Pilling from Canada's Green Party, in which Crookes volunteers). Pilling's articles relied on the obvious pun here, using titles like "Friends of Crookes" and "Gang of Crookes." In covering the free speech aspects of the case, Newton linked to the articles in question. Crookes demanded Newton remove those links, saying that Newton himself could be liable for defamation. Newton refused; Crookes sued. ....]
Paul Merrell

EU looks into telecoms blocking Internet calls - International Herald Tribune - 0 views

www.iht.com/...mobile.php

antitrust interop EU DG Competition mobile devices standards

shared by Paul Merrell on 12 Nov 08 - Cached
  • European Union regulators are looking into whether mobile phone operators who block customers from making inexpensive wireless calls over the Internet are breaking competition rules. The European Commission, the EU antitrust authority, has sent questionnaires to phone companies asking what "tools" they use to "control, manage, block, slow down or otherwise restrict or filter" Internet-based voice calls. The EU deadline for responding to the survey was Tuesday. The questionnaire, obtained by Bloomberg News, does not identify any companies. Some mobile carriers have blocked services that use voice-over-Internet protocol, or VoIP, which allows users to make calls over the Web. Companies may be seeking to stop customers from accessing applications, like eBay's Skype, to defend voice revenue from the less expensive Internet services, Carolina Milanesi, research director for mobile devices at Gartner, the research company, said.
    • Paul Merrell
      Paul Merrell on 12 Nov 08
       
      Building a Connected World --- The Role of Antitrust Law and Lawyers.
  • Paul Merrell on 12 Nov 08
     
    Superficially, this sounds like an application of the principles won by DG Competition in the Court of First Instance's Commission v. Microsoft interoperability decision. But note that here we deal with an investigation into deliberately-created interop barriers rather than those maintained by withholding full communication protocol specifications from competitors. Notice that the investigation encompasses throttling of internet connections for particular uses, an increasingly common practice by Comcast and other ISPs in the U.S., where both VOIP and P2P file-sharing are targeted uses. E.U. and U.S. antitrust law are similar, as efforts to harmonize antitrust law on both sides of The Pond are now decades old; this move does not bode well for bandwidth throttling in the U.S., particularly when aimed at throttling competition. It takes no giant mental leap to apply such principles to big vendor-dominated IT standards bodies that deliberately create or maintain interop barriers in data format standards. Indeed, DG Competition Commissioner Neelie Kroes has already served notice that interop barriers in standards-setting is an item of interest.
Gonzalo San Gil, PhD.

RIAA lobbyist becomes federal judge, rules on file-sharing cases - 0 views

arstechnica.com/...ules-on-file-sharing-cases.ars

shared by Gonzalo San Gil, PhD. on 06 Apr 11 - No Cached
Gonzalo San Gil, PhD.

Big Content, ISPs nearing agreement on piracy crackdown system - 1 views

arstechnica.com/...on-piracy-crackdown-system.ars

Content Providers ISP ISPs agreement piracy crackdown culture

shared by Gonzalo San Gil, PhD. on 23 Jun 11 - No Cached
  • Gonzalo San Gil, PhD. on 23 Jun 11
     
    [A post from CNET's Greg Sandoval reports that United States ISPs and top content providers are "closer than ever" to a regimen for punishing ISP subscribers who engage in illegal file sharing. The story suggests that AT&T, Comcast, Verizon, the Recording Industry Association of America, and the Motion Picture Association of America are key negotiators. The White House is also involved in the discussions. Ars has been able to confirm the discussions with an industry source. ...]
Gonzalo San Gil, PhD.

U.S. Internet Provider Refuses to Expose Alleged Pirates | TorrentFreak - 1 views

torrentfreak.com/e-30000-alleged-pirates-140909

provider ISP refuses pirates sharers P2P people exposition DMCA not allowwed Internet

shared by Gonzalo San Gil, PhD. on 09 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 09 Sep 14
     
    " Ernesto on September 9, 2014 C: 16 Breaking Rightscorp, a prominent piracy monitoring firm that works with Warner Bros. and other copyright holders, wants Grande Communications to reveal the identities alleged pirates linked to 30,000 IP-addresses/timestamp combinations. Unlike other providers the Texas ISP refused to give in easily, instead deciding to fight the request in court." [ ...DMCA subpoenas are not allowed in file-sharing cases...]
Gary Edwards

Huddle: Consumer cloud services causing 'security time-bomb' for enterprises | ZDNet - 0 views

www.zdnet.com/omb-for-enterprises-7000016132

huddle wordSDK Office-365

shared by Gary Edwards on 04 Sep 14 - No Cached
  • Gary Edwards on 04 Sep 14
     
    "AN FRANCISCO -- As more employees continue to access consumer cloud accounts at work (regardless of IT rules), the enterprise world is about to reach a breaking point, based on a new report. Quite simply, U.K. cloud collaboration company Huddle described the trend as a "security time-bomb." At least 38 percent of U.S. office workers are said to have admitted to storing work documents on personal cloud tools and services, while a whopping 91 percent of workers added they use personal devices (i.e. USB drives) to store and share sensitive company documents. Huddle argued that this means enterprise and government organizations are at severe risk of losing both data intellectual property forever as this fragmentation continues. The London-headquartered company published its first State of the Enterprise assessment report amid the official opening of its San Francisco offices on Thursday morning as Huddle branches out to attract a U.S. customer base. "Legacy technologies create barriers to how we want to work," said Mitchell. Huddle produces a team-based collaboration platform designed for large teams within enterprises storing content securely and individually. The idea behind Huddle is to replace personal USB drives and "dumb file storage" platforms with open-security models and folder-based content. As the cloud-based storage and collaboration market grows, it looks like Huddle will be aiming to take on the likes of Box, Google Drive, Microsoft SkyDrive, and Dropbox, among others. Huddle is framing itself as different in that it constructs a single network for working and collaborating beyond a firewall, removing VPN complexities with single, company-wide login. Huddle CEO Alastair Mitchell described during an inaugural media presentation that its customers are replacing legacy technologies, calling out SharePoint and Outlook in particular as users move content collaboration out of email. "Legacy technologies create barriers to how we want to work," sai
Paul Merrell

European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

firstlook.org/...gemalto-heist-shocks-europe

surveillance state Gemalto SIM-card-keys

shared by Paul Merrell on 24 Feb 15 - No Cached
  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
  • ...4 more annotations...
  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
  • Paul Merrell on 24 Feb 15
     
    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
Gonzalo San Gil, PhD.

Hollywood Director Slams "Pathetic" Anti-Piracy Crusade | TorrentFreak - 0 views

torrentfreak.com/tic-anti-piracy-crusade-140708

Hollywood director slams pathetic anti-piracy crussade Lexi Alexander

shared by Gonzalo San Gil, PhD. on 09 Jul 14 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 09 Jul 14
       
      # we need Tens, Hundreds, Thousands of Directors saying so... let's the time go...
  • Gonzalo San Gil, PhD. on 09 Jul 14
     
    [ Ernesto on July 8, 2014 C: 27 Breaking Movie director Lexi Alexander wants to "occupy Hollywood" by bridging the gap between pirates and filmmakers. Sporting a banner to free Pirate Bay founder Peter Sunde, Alexander says that the criminalization of file-sharing is "pathetic", while calling out the losses claimed by the MPAA as "bullshit"....]
Gonzalo San Gil, PhD.

Media Companies Track Pirated Downloads For Marketing Purposes | TorrentFreak [# ! note... - 0 views

torrentfreak.com/-for-marketing-purposes-150218

shariing piracy downloading media culture help industry marketing purposes boosting sales aside

shared by Gonzalo San Gil, PhD. on 19 Feb 15 - No Cached
  • Gonzalo San Gil, PhD. on 19 Feb 15
     
    [ Ernesto on February 18, 2015 C: 0 Breaking A new report released by Tru Optik shows that there are hundreds of millions of active BitTorrent users who together shared 18 billion files last year. The data is being used to show media companies the scale of the "unmonetized" demand for their products while offering a tool to target pirates with the right offerings. ...] [# ! yes, sharers must be respected and rewarded as industry # ! advanced advisors, instead of being persecuted...]
Gonzalo San Gil, PhD.

Swedish Pirates are More Likely to Buy Legal Content - TorrentFreak - 0 views

torrentfreak.com/ly-to-buy-legal-content-151112

swedish pirates buy more content sharers best industry media entertainment customers problem alternative VALUES spreading

shared by Gonzalo San Gil, PhD. on 13 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 13 Nov 15
     
    " Andy on November 12, 2015 C: 27 Breaking As the entertainment industries catch up, fewer and fewer Swedish citizens are using unauthorized file-sharing networks. That's according to a new study which has found that just 18% of the population now engages in the hobby. Nevertheless, those that do pirate are dramatically more likely to buy legal content than those who don't."
Paul Merrell

Apple's New Challenge: Learning How the U.S. Cracked Its iPhone - The New York Times - 0 views

www.nytimes.com/...the-us-cracked-its-iphone.html

surveillance state Apple FBI San-Bernadino iPhone security

shared by Paul Merrell on 31 Mar 16 - No Cached
  • Now that the United States government has cracked open an iPhone that belonged to a gunman in the San Bernardino, Calif., mass shooting without Apple’s help, the tech company is under pressure to find and fix the flaw.But unlike other cases where security vulnerabilities have cropped up, Apple may face a higher set of hurdles in ferreting out and repairing the particular iPhone hole that the government hacked.The challenges start with the lack of information about the method that the law enforcement authorities, with the aid of a third party, used to break into the iPhone of Syed Rizwan Farook, an attacker in the San Bernardino rampage last year. Federal officials have refused to identify the person, or organization, who helped crack the device, and have declined to specify the procedure used to open the iPhone. Apple also cannot obtain the device to reverse-engineer the problem, the way it would in other hacking situations.
  • Paul Merrell on 31 Mar 16
     
    It would make a very interesting Freedom of Information Act case if Apple sued under that Act to force disclosure of the security hole iPhone product defect the FBI exploited. I know of no interpretation of the law enforcement FOIA exemption that would justify FBI disclosure of the information. It might be alleged that the information is the trade secret of the company that disclosed the defect and exploit to the the FBI, but there's a very strong argument that the fact that the information was shared with the FBI waived the trade secrecy claim. And the notion that government is entitled to collect product security defects and exploit them without informing the exploited product's company of the specific defect is extremely weak.  Were I Tim Cook, I would have already told my lawyers to get cracking on filing the FOIA request with the FBI to get the legal ball rolling. 
Gonzalo San Gil, PhD.

Push, Pull, Fork: GitHub for Academics | Tools | HYBRID PEDAGOGY - 0 views

www.hybridpedagogy.com/...GitHub_for_Academics.html

github academics fork share teach learn push pull code

shared by Gonzalo San Gil, PhD. on 09 Dec 13 - No Cached
  • Gonzalo San Gil, PhD. on 09 Dec 13
     
    "May 26, 2013 | Filed in: Tools by Kris Shaffer Follow @krisshaffer In his article, "Open-source Scholarship", Kris Shaffer argues that the open-source software model has lessons to offer the academic community. Here, Kris demonstrates how a scholar can put open-source philosophy into practice using a specific tool developed by and for the community: GitHub."
Paul Merrell

Protocols of the Hackers of Zion? « LobeLog - 0 views

www.lobelog.com/otocols-of-the-hackers-of-zion

surveillance state Israel cyber-spying Iran-negotiations

shared by Paul Merrell on 12 Jun 15 - No Cached
  • When Israeli Prime Minister Benjamin Netanyahu met with Google chairman Eric Schmidt on Tuesday afternoon, he boasted about Israel’s “robust hi-tech and cyber industries.” According to The Jerusalem Post, “Netanyahu also noted that ‘Israel was making great efforts to diversify the markets with which it is trading in the technological field.'” Just how diversified and developed Israeli hi-tech innovation has become was revealed the very next morning, when the Russian cyber-security firm Kaspersky Labs, which claims more than 400 million users internationally, announced that sophisticated spyware with the hallmarks of Israeli origin (although no country was explicitly identified) had targeted three European hotels that had been venues for negotiations over Iran’s nuclear program.
  • Wednesday’s Wall Street Journal, one of the first news sources to break the story, reported that Kaspersky itself had been hacked by malware whose code was remarkably similar to that of a virus attributed to Israel. Code-named “Duqu” because it used the letters DQ in the names of the files it created, the malware had first been detected in 2011. On Thursday, Symantec, another cyber-security firm, announced it too had discovered Duqu 2 on its global network, striking undisclosed telecommunication sites in Europe, North Africa, Hong Kong, and  Southeast Asia. It said that Duqu 2 is much more difficult to detect that its predecessor because it lives exclusively in the memory of the computers it infects, rather than writing files to a drive or disk. The original Duqu shared coding with — and was written on the same platform as — Stuxnet, the computer worm  that partially disabled enrichment centrifuges in Iranian nuclear power plants, according to a 2012 report in The New York Times. Intelligence and military experts said that Stuxnet was first tested at Dimona, a nuclear-reactor complex in the Negev desert that houses Israel’s own clandestine nuclear weapons program. While Stuxnet is widely believed to have been a joint Israeli-U.S. operation, Israel seems to have developed and implemented Duqu on its own.
  • Coding of the spyware that targeted two Swiss hotels and one in Vienna—both sites where talks were held between the P5+1 and Iran—so closely resembled that of Duqu that Kaspersky has dubbed it “Duqu 2.” A Kaspersky report contends that the new and improved Duqu would have been almost impossible to create without access to the original Duqu code. Duqu 2’s one hundred “modules” enabled the cyber attackers to commandeer infected computers, compress video feeds  (including those from hotel surveillance cameras), monitor and disrupt telephone service and Wi-Fi, and steal electronic files. The hackers’ penetration of computers used by the front desk would have allowed them to determine the room numbers of negotiators and delegation members. Duqu 2 also gave the hackers the ability to operate two-way microphones in the hotels’ elevators and control their alarm systems.
Gonzalo San Gil, PhD.

Open source as a tool of cultural change | Opensource.com - 0 views

opensource.com/...o-interview-kaitlin-devine-18f

open source for cultural change shift culture change share

shared by Gonzalo San Gil, PhD. on 13 Oct 15 - No Cached
  • Gonzalo San Gil, PhD. on 13 Oct 15
     
    All Things Open interview with Kaitlin Devine, 18F "Keep an eye on govcode.org-it pulls GitHub issues from lots of government repos, and it's a great place to get started if you want to contribute. Also follow @newgovrepos if you want to see new government repos as they appear on GitHub. Don't forget that repos aren't just for code-you can file issues and give feedback on government services even if you don't code."
  • Gonzalo San Gil, PhD. on 13 Oct 15
     
    All Things Open interview with Kaitlin Devine, 18F "Keep an eye on govcode.org-it pulls GitHub issues from lots of government repos, and it's a great place to get started if you want to contribute. Also follow @newgovrepos if you want to see new government repos as they appear on GitHub. Don't forget that repos aren't just for code-you can file issues and give feedback on government services even if you don't code."
Gonzalo San Gil, PhD.

'Fining' File-Sharers Makes Anti-Piracy Company Lose Money | TorrentFreak - 0 views

torrentfreak.com/racy-company-lose-money-140326

fines sue file-shares makes enterprises lose money music movie industry P2P download rules

shared by Gonzalo San Gil, PhD. on 27 Mar 14 - No Cached
  • Gonzalo San Gil, PhD. on 27 Mar 14
     
    " Andy on March 26, 2014 C: 61 Breaking Financial results published by anti-piracy group Rightscorp shows that while turning piracy into profit is a nice idea, it's not lucrative for everyone. A loss of $2.04m in 2013 means that for every single dollar of settlement revenu"
Gonzalo San Gil, PhD.

Dropbox 3 for Linux Goes Stable With Qt UI, Set-Up Wizard - 1 views

www.omgubuntu.co.uk/...e-linux-desktop-build-released

dropbox 3 Dropbox 3 Linux GNU_Linux onlineremote file storage sharing

shared by Gonzalo San Gil, PhD. on 16 Dec 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Dec 14
     
    "I'm sitting on 1TB of Google Drive storage and have 40GB going unused on OneDrive. And yet it's Dropbox, with my massive 2.5GB allowance, that I rely on daily. Why? Because it's cross-platform, a reason that will only strengthen my love of it when it (along with other cloud storage providers) gains native Chrome OS file manager support next year."
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

news.yahoo.com/;_ylt=AwrBJR4e65lTwmEAb7zQtDMD

surveillance state location-data public-records-acts litigation stingrays

shared by Paul Merrell on 13 Jun 14 - No Cached
  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
  • ...4 more annotations...
  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
  • Paul Merrell on 13 Jun 14
     
    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
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