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Paul Merrell

Another judge upholds NSA call tracking - POLITICO.com - 0 views

www.politico.com/...-nsa-call-tracking-189671.html

surveillance state NSA NSA-reform litigation

shared by Paul Merrell on 10 Jun 14 - No Cached
  • A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans. The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution. Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment. In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.
  • "The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton. Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long. "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls. Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.
  • Paul Merrell on 10 Jun 14
     
    A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.
Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

motherboard.vice.com/...r-cell-phone-without-a-warrant

surveillance state location-data 4th Amendment litigation

shared by Paul Merrell on 13 Jun 14 - No Cached
  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
  • ...2 more annotations...
  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
  • Paul Merrell on 13 Jun 14
     
    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

Democrats unveil legislation forcing the FCC to ban Internet fast lanes - The Washingto... - 0 views

www.washingtonpost.com/...fcc-to-ban-internet-fast-lanes

net-neutrality legislation

shared by Paul Merrell on 19 Jun 14 - No Cached
  • Democratic lawmakers will unveil a piece of bicameral legislation Tuesday that would force the Federal Communications Commission to ban fast lanes on the Internet. The proposal, put forward by Senate Judiciary Committee chair Patrick Leahy (D-Vt.) and Rep. Doris Matsui (D-Calif.), requires the FCC to use whatever authority it sees fit to make sure that Internet providers don't speed up certain types of content (like Netflix videos) at the expense of others (like e-mail). It wouldn't give the commission new powers, but the bill — known as the Online Competition and Consumer Choice Act — would give the FCC crucial political cover to prohibit what consumer advocates say would harm startup companies and Internet services by requiring them to pay extra fees to ISPs. "Americans are speaking loud and clear," said Leahy, who is holding a hearing on net neutrality in Vermont this summer. "They want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider."
  • The Democratic bill is another sign that net neutrality is dividing lawmakers along partisan lines. In May, Rep. Bob Latta (R-Ohio) introduced a bill that would prevent the FCC from reclassifying broadband. A Democratic aide conceded Monday that the Leahy-Matsui bill is unlikely to attract Republican cosponsors. The fact that Republicans control the House make it unlikely that the Leahy-Matsui bill will advance very far. Still, the politics of net neutrality are obscuring the underlying economics at stake, according to the aide, who asked not to be named because he wasn't authorized to speak publicly.
  • "People are missing the point," the aide said. "The point is: Ban paid prioritization. Because that'll fundamentally change how the Internet works." FCC Chairman Tom Wheeler has said that he's reserving the reclassification option in case his existing plan fails to protect consumers. He has been reluctant to use that option so far, likely because it would be politically controversial. But increasingly, it seems net neutrality is divisive enough without him.
Paul Merrell

FCC Putting Comcast/Time Warner Cable Investigation On Hold - 0 views

www.tomshardware.com/...ner-dish-network-tv,27826.html

mergers time-warner FCC

shared by Paul Merrell on 07 Oct 14 - No Cached
  • On Friday, the U.S. Federal Communications Commission said that it has extended its time to file responses and oppositions for the Comcast/Time Warner merger from October 8 to October 29. This is due to a motion filed by DISH Network, which said that Comcast didn't fully respond to the Commission's Request to Responses and Oppositions. The FCC is taking 180 days to determine if the Comcast and Time Warner merger will be in the best interest of the public. As of Friday, the investigation was at day 85, and it will resume once October 29 arrives. Originally, the investigation was expected to be complete on January 6, 2015. According to Reuters, a number of competitors and consumer advocates have rejected the merger, stating that the combined entity will have too much power over American consumers' viewing habits. Comcast disagrees of course, indicating that Time Warner is not a competitor and that their combined forces would bring better subscription services to a larger consumer audience.
  • Back in August, the FCC sent questions to both Comcast and Time Warner Cable asking for additional information about their broadband and video services, such as their Web traffic management practices. However, the FCC said on Friday that both companies failed to provide enough answers to please the merger reviewers. Comcast disagrees but said it will work with the reviewers to provide the missing information. "We will work with the staff to determine the additional information the FCC is seeking (including the document production that the FCC had asked us to delay filing) and will submit supplemental answers and documents quickly thereafter so that the FCC can complete its review early in 2015," Comcast spokeswoman Sena Fitzmaurice told Reuters.
  • Currently, the FCC is trying to retrieve Comcast's programming and retransmission consent agreements, but media companies have objected to the collection, saying that these documents are highly confidential. However, the documents have made their way to the Justice Department, which is conducting its own review for antitrust issues. The delay in the FCC's deadline also stems from a large 850-page document supplied by Comcast. The FCC indicated that this volume of information is critical to the investigation.
Gary Edwards

Can C.E.O. Satya Nadella Save Microsoft? | Vanity Fair - 0 views

www.vanityfair.com/...-gates-steve-ballmer-microsoft

Microsoft-Cloud

shared by Gary Edwards on 09 Oct 14 - No Cached
  • he new world of computing is a radical break from the past. That’s because of the growth of mobile devices and cloud computing. In the old world, corporations owned and ran Windows P.C.’s and Window servers in their own facilities, with the necessary software installed on them. Everyone used Windows, so everything was developed for Windows. It was a virtuous circle for Microsoft.
  • Now the processing power is in the cloud, and very sophisticated applications, from e-mail to tools you need to run a business, can be run by logging onto a Web site, not from pre-installed software. In addition, the way we work (and play) has shifted from P.C.’s to mobile devices—where Android and Apple’s iOS each outsell Windows by more than 10 to 1. Why develop software to run on Windows if no one is using Windows? Why use Windows if nothing you want can run on it? The virtuous circle has turned vicious.
  • Part of why Microsoft failed with devices is that competitors upended its business model. Google doesn’t charge for the operating system. That’s because Google makes its money on search. Apple can charge high prices because of the beauty and elegance of its devices, where the software and hardware are integrated in one gorgeous package. Meanwhile, Microsoft continued to force outside manufacturers, whose products simply weren’t as compelling as Apple’s, to pay for a license for Windows. And it didn’t allow Office to be used on non-Windows phones and tablets. “The whole philosophy of the company was Windows first,” says Heather Bellini, an analyst at Goldman Sachs. Of course it was: that’s how Microsoft had always made its money.
  • ...18 more annotations...
  • Right now, Windows itself is fragmented: applications developed for one Windows device, say a P.C., don’t even necessarily work on another Windows device. And if Microsoft develops a new killer application, it almost has to be released for Android and Apple phones, given their market dominance, thereby strengthening those eco-systems, too.
  • At its core, Azure uses Windows server technology. That helps existing Windows applications run seamlessly on Azure. Technologists sometimes call what Microsoft has done a “hybrid cloud” because companies can use Azure alongside their pre-existing on-site Windows servers. At the same time, Nadella also to some extent has embraced open-source software—free code that doesn’t require a license from Microsoft—so that someone could develop something using non-Microsoft technology, and it would run on Azure. That broadens Azure’s appeal.
  • “In some ways the way people think about Bill and Steve is almost a Rorschach test.” For those who romanticize the Gates era, Microsoft’s current predicament will always be Ballmer’s fault. For others, it’s not so clear. “He left Steve holding a big bag of shit,” the former executive says of Gates. In the year Ballmer officially took over, Microsoft was found to be a predatory monopolist by the U.S. government and was ordered to split into two; the cost of that to Gates and his company can never be calculated. In addition, the dotcom bubble had burst, causing Microsoft stock to collapse, which resulted in a simmering tension between longtime employees, whom the company had made rich, and newer ones, who had missed the gravy train.
  • Nadella lived this dilemma because his job at Microsoft included figuring out the cloud-based future while maintaining the highly profitable Windows server business. And so he did a bunch of things that were totally un-Microsoft-like. He went to talk to start-ups to find out why they weren’t using Microsoft. He put massive research-and-development dollars behind Azure, a cloud-based platform that Microsoft had developed in Skunk Works fashion, which by definition took resources away from the highly profitable existing business.
  • They even have a catchphrase: “Re-inventing productivity.”
  • Microsoft’s historical reluctance to open Windows and Office is why it was such a big deal when in late March, less than two months after becoming C.E.O., Nadella announced that Microsoft would offer Office for Apple’s iPad. A team at the company had been working on it for about a year. Ballmer says he would have released it eventually, but Nadella did it immediately. Nadella also announced that Windows would be free for devices smaller than nine inches, meaning phones and small tablets. “Now that we have 30 million users on the iPad using it, that is 30 million people who never used Office before [on an iPad,]” he says. “And to me that’s what really drives us.” These are small moves in some ways, and yet they are also big. “It’s the first time I have listened to a senior Microsoft executive admit that they are behind,” says one institutional investor. “The fact that they are giving away Windows, their bread and butter for 25 years—it is quite a fundamental change.”
  • And whoever does the best job of building the right software experiences to give both organizations and individuals time back so that they can get more out of their time, that’s the core of this company—that’s the soul. That’s what Bill started this company with. That’s the Office franchise. That’s the Windows franchise. We have to re-invent them. . . . That’s where this notion of re-inventing productivity comes from.”
  • Ballmer might be a complicated character, but he has nothing on Gates, whose contradictions have long fascinated Microsoft-watchers. He is someone who has no problem humiliating individuals—he might not even notice—but who genuinely cares deeply about entire populations and is deeply loyal. He is generous in the biggest ways imaginable, and yet in small things, like picking up a lunch tab, he can be shockingly cheap. He can’t make small talk and can come across as totally lacking in E.Q. “The rules of human life that allow you to get along are not complicated,” says one person who knows Gates. “He could write a book on it, but he can’t do it!”
  • At the Microsoft board meeting in late June 2013, Ballmer announced he had a handshake deal with Nokia’s management to buy the company, pending the Microsoft board’s approval, according to a source close to the events. Ballmer thought he had it and left before the post-board-meeting dinner to attend his son’s middle-school graduation. When he came back the next day, he found that the board had pulled a coup: they informed him they weren’t doing the deal, and it wasn’t up for discussion. For Ballmer, it seems, the unforgivable thing was that Gates had been part of the coup, which Ballmer saw as the ultimate betrayal.
  • what is scarce in all of this abundance is human attention
  • And the original idea of having great software people and broad software products and Office being the primary tool that people look to across all these devices, that’ s as true today and as strong as ever.”
  • Meeting Room Plus
  • But he combines that with flashes of insight and humor that leave some wondering whether he can’t do it or simply chooses not to, or both. His most pronounced characteristic shouldn’t be simply labeled a competitive streak, because it is really a fierce, deep need to win. The dislike it bred among his peers in the industry is well known—“Silicon Bully” was the title of an infamous magazine story about him. And yet he left Microsoft for the philanthropic world, where there was no one to bully, only intractable problems to solve.
  • “The Irrelevance of Microsoft” is actually the title of a blog post by an analyst named Benedict Evans, who works at the Silicon Valley venture-capital firm Andreessen Horowitz. On his blog, Evans pointed out that Microsoft’s share of all computing devices that we use to connect to the Internet, including P.C.’s, phones, and tablets, has plunged from 90 percent in 2009 to just around 20 percent today. This staggering drop occurred not because Microsoft lost ground in personal computers, on which its software still dominates, but rather because it has failed to adapt its products to smartphones, where all the growth is, and tablets.
  • The board told Ballmer they wanted him to stay, he says, and they did eventually agree to a slightly different version of the deal. In September, Microsoft announced it was buying Nokia’s devices-and-services business for $7.2 billion. Why? The board finally realized the downside: without Nokia, Microsoft was effectively done in the smartphone business. But, for Ballmer, the damage was done, in more ways than one. He now says it became clear to him that despite the lack of a new C.E.O. he couldn’t stay. Cultural change, he decided, required a change at the top, and, he says,“there was too much water under the bridge with this board.” The feeling was mutual. As a source close to Microsoft says, no one, including Gates, tried to stop him from quitting.
  • in Wall Street’s eyes, Nadella can do no wrong. Microsoft’s stock has risen 30 percent since he became C.E.O., increasing its market value by $87 billion. “It’s interesting with Satya,” says one person who observes him with investors. “He is not a business guy or a financial analyst, but he finds a common language with investors, and in his short tenure, they leave going, Wow.” But the honeymoon is the easy part.
  • “He was so publicly and so early in life defined as the brilliant guy,” says a person who has observed him. “Anything that threatens that, he becomes narcissistic and defensive.” Or as another person puts it, “He throws hissy fits when he doesn’t get his way.”
  • round three-quarters of Microsoft’s profits come from the two fabulously successful products on which the company was built: the Windows operating system, which essentially makes personal computers run, and Office, the suite of applications that includes Word, Excel, and PowerPoint. Financially speaking, Microsoft is still extraordinarily powerful. In the last 12 months the company reported sales of $86.83 billion and earnings of $22.07 billion; it has $85.7 billion of cash on its balance sheet. But the company is facing a confluence of threats that is all the more staggering given Microsoft’s sheer size. Competitors such as Google and Apple have upended Microsoft’s business model, making it unclear where Windows will fit in the world, and even challenging Office. In the Valley, there are two sayings that everyone regards as truth. One is that profits follow relevance. The other is that there’s a difference between strategic position and financial position. “It’s easy to be in denial and think the financials reflect the current reality,” says a close observer of technology firms. “They do not.”
  • Gary Edwards on 09 Oct 14
     
    Awesome article describing the history of Microsoft as seen through the lives of it's three CEO's: Bill Gates, Steve Ballmer and Satya Nadella
Paul Merrell

'UK surveillance is worse than 1984' says UN privacy chief (Wired UK) - 0 views

www.wired.co.uk/...-surveillance-joseph-cannataci

surveillance state privacy U.N.-repporteur Orwell 1984

shared by Paul Merrell on 28 Aug 15 - No Cached
  • The UN's newly appointed special rapporteur on privacy, Joseph Cannataci, has described digital surveillance in the UK as "worse" than anything imagined in George Orwell's totalitarian dystopia 1984.Speaking to the Guardian, Cannataci -- who doesn't own a Facebook account or use Twitter -- lambasted the oversight of British digital surveillance as "a rather bad joke at its citizens' expense".Warning against the steady erosion of privacy and increasing levels of government intrusion, he also drew sinister parallels with Orwell's vision of a mass-surveilled society, adding that today's reality was far worse than the fiction: "At least Winston [a character in Orwell's 1984] was able to go out in the countryside and go under a tree and expect there wouldn't be any screen, as it was called. Whereas today there are many parts of the English countryside where there are more cameras than George Orwell could ever have imagined."
  • Cannataci, who holds posts as a professor of technology of law at the University of Groningen, and as head of the department of Information Policy and Governance at the University of Malta, also called for a "Geneva convention-style law" for the internet. "Some people may not want to buy into it. But you know, if one takes the attitude that some countries will not play ball, then, for example, the chemical weapons agreement would never have come about."
  • As part of his new role -- which elevates digital privacy to the same level of importance as other human rights -- Cannataci has vowed to begin systematically reviewing government policies and the business models of large corporations, which he accuses of "very often taking the data that you never even knew they were taking". Although the privacy chief admits that his mandate is more than likely "impossible to achieve in the next three years", he stressed the importance of a "longer-term view" in an effort to help protect people's data and safeguard their digital rights.
Gonzalo San Gil, PhD.

Federal court rules in favor of NSA bulk snooping, White House happy - RT USA - 3 views

www.rt.com/...313740-federal-court-nsa-spy

federal court rules favor nsa bulk data communications snooping spying citizens legal :(

shared by Gonzalo San Gil, PhD. on 28 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 28 Aug 15
     
    "Despite the opposition of the US public and lawmakers to NSA surveillance, the courts keep handing the Obama administration the license to snoop. A US appeals court just threw out a 2013 verdict against the NSA, to White House approval. "
  • ...1 more comment...
  • Paul Merrell on 28 Aug 15
     
    I've read the court's decision. The article in RT overstates the breadth of the court's holding very substantially. The court did not throw the case out. Instead, by a 2-1 vote it vacated the district court's grant of a preliminary injunction and remanded the case for further proceedings including for the lower court judge to decide whether discovery should be allowed. The third judge would have thrown the case out. The decision does, however, steepen the slope the plaintiffs must climb to prevail in a renewed effort to obtain an injunction. That is regrettable, in my view. The article states: "The decision vindicates the government's stance that NSA's bulk surveillance programs are constitutional, the White House said Friday." In fact, the court's decision does not even touch on the topic of the program's constitutionality, reaching only the issue of standing. The article should either have omitted the statement or pointed out the error in the government's statement.
  • Gonzalo San Gil, PhD. on 01 Sep 15
     
    # ! thank You, Paul, for the observation. anyway, what it seems is that Citizens worldwide are going to be spied... judges aside, and -I'm afraid- not always with 'security issues' in the Agency's mind...
  • Paul Merrell on 01 Sep 15
     
    I agree, Gonzalo. Most of the "terrorist" groups the U.S. claims to be concerned with were in fact created by the U.S. Terrorism is simply the easiest means for the government to defend these surveillance programs. But the disclosures that the NSA spies for other purposes just doesn't get the coverage in mainstream media that might otherwise force changes. It's the Politics of Fear.
Paul Merrell

NSA Will Destroy Archived Metadata When Program Stops - 0 views

firstlook.org/...rchived-metadata-program-stops

surveillance state telephone-metadata purge pending-litigation

shared by Paul Merrell on 28 Jul 15 - No Cached
  • Four months from now, at the same time that the National Security Agency finally abandons the massive domestic telephone dragnet exposed by whistleblower Edward Snowden, it will also stop perusing the vast archive of data collected by the program. The NSA announced on Monday that it will expunge all the telephone metadata it previously swept up, citing Section 215 of the U.S.A Patriot Act. The program was ruled illegal by a federal appeals court in May. In June, Congress voted to end the program, but gave the NSA until the end of November to phase it out. The historical metadata —  records of American phone calls showing who called who, when, and for how long — will be put out of the reach of analysts on November 29, although technical personnel will have access for three more months. The program started 14 years ago, and operated under rules requiring data be retained for five years, and then destroyed.
  • The only possible hold-up, ironically, would be if any of the civil lawsuits prompted by the program prohibit the destruction of the data. “The telephony metadata” will be “preserved solely because of preservation obligations in pending civil litigation,” the Office of the Director of National Intelligence announced. “As soon as possible, NSA will destroy the Section 215 bulk telephony metadata upon expiration of its litigation preservation obligations.” ACLU staff attorney Alex Abdo told The Intercept his organization is “pleased that the NSA intends to purge the call records it has collected illegally.” But, he added: “Even with today’s pledge, the devil may be in the details.”
Paul Merrell

Obama administration opts not to force firms to decrypt data - for now - The Washington... - 1 views

www.washingtonpost.com/...5-aa5b-f78a98956699_story.html

surveillance state encryption Obama

shared by Paul Merrell on 10 Oct 15 - No Cached
  • After months of deliberation, the Obama administration has made a long-awaited decision on the thorny issue of how to deal with encrypted communications: It will not — for now — call for legislation requiring companies to decode messages for law enforcement. Rather, the administration will continue trying to persuade companies that have moved to encrypt their customers’ data to create a way for the government to still peer into people’s data when needed for criminal or terrorism investigations. “The administration has decided not to seek a legislative remedy now, but it makes sense to continue the conversations with industry,” FBI Director James B. Comey said at a Senate hearing Thursday of the Homeland Security and Governmental Affairs Committee.
  • The decision, which essentially maintains the status quo, underscores the bind the administration is in — balancing competing pressures to help law enforcement and protect consumer privacy. The FBI says it is facing an increasing challenge posed by the encryption of communications of criminals, terrorists and spies. A growing number of companies have begun to offer encryption in which the only people who can read a message, for instance, are the person who sent it and the person who received it. Or, in the case of a device, only the device owner has access to the data. In such cases, the companies themselves lack “backdoors” or keys to decrypt the data for government investigators, even when served with search warrants or intercept orders.
  • The decision was made at a Cabinet meeting Oct. 1. “As the president has said, the United States will work to ensure that malicious actors can be held to account — without weakening our commitment to strong encryption,” National Security Council spokesman Mark Stroh said. “As part of those efforts, we are actively engaged with private companies to ensure they understand the public safety and national security risks that result from malicious actors’ use of their encrypted products and services.” But privacy advocates are concerned that the administration’s definition of strong encryption also could include a system in which a company holds a decryption key or can retrieve unencrypted communications from its servers for law enforcement. “The government should not erode the security of our devices or applications, pressure companies to keep and allow government access to our data, mandate implementation of vulnerabilities or backdoors into products, or have disproportionate access to the keys to private data,” said Savecrypto.org, a coalition of industry and privacy groups that has launched a campaign to petition the Obama administration.
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  • To Amie Stepanovich, the U.S. policy manager for Access, one of the groups signing the petition, the status quo isn’t good enough. “It’s really crucial that even if the government is not pursuing legislation, it’s also not pursuing policies that will weaken security through other methods,” she said. The FBI and Justice Department have been talking with tech companies for months. On Thursday, Comey said the conversations have been “increasingly productive.” He added: “People have stripped out a lot of the venom.” He said the tech executives “are all people who care about the safety of America and also care about privacy and civil liberties.” Comey said the issue afflicts not just federal law enforcement but also state and local agencies investigating child kidnappings and car crashes — “cops and sheriffs . . . [who are] increasingly encountering devices they can’t open with a search warrant.”
  • One senior administration official said the administration thinks it’s making enough progress with companies that seeking legislation now is unnecessary. “We feel optimistic,” said the official, who spoke on the condition of anonymity to describe internal discussions. “We don’t think it’s a lost cause at this point.” Legislation, said Rep. Adam Schiff (D-Calif.), is not a realistic option given the current political climate. He said he made a recent trip to Silicon Valley to talk to Twitter, Facebook and Google. “They quite uniformly are opposed to any mandate or pressure — and more than that, they don’t want to be asked to come up with a solution,” Schiff said. Law enforcement officials know that legislation is a tough sell now. But, one senior official stressed, “it’s still going to be in the mix.” On the other side of the debate, technology, diplomatic and commerce agencies were pressing for an outright statement by Obama to disavow a legislative mandate on companies. But their position did not prevail.
  • Daniel Castro, vice president of the Information Technology & Innovation Foundation, said absent any new laws, either in the United States or abroad, “companies are in the driver’s seat.” He said that if another country tried to require companies to retain an ability to decrypt communications, “I suspect many tech companies would try to pull out.”
  • Gonzalo San Gil, PhD. on 10 Oct 15
     
    # ! upcoming Elections...
Paul Merrell

Obama lawyers asked secret court to ignore public court's decision on spying | US news ... - 0 views

www.theguardian.com/...urt-surveillance-phone-records

surveillance state NSA Obama phone-metadata litigation

shared by Paul Merrell on 09 Jun 15 - No Cached
  • The Obama administration has asked a secret surveillance court to ignore a federal court that found bulk surveillance illegal and to once again grant the National Security Agency the power to collect the phone records of millions of Americans for six months. The legal request, filed nearly four hours after Barack Obama vowed to sign a new law banning precisely the bulk collection he asks the secret court to approve, also suggests that the administration may not necessarily comply with any potential court order demanding that the collection stop.
  • But Carlin asked the Fisa court to set aside a landmark declaration by the second circuit court of appeals. Decided on 7 May, the appeals court ruled that the government had erroneously interpreted the Patriot Act’s authorization of data collection as “relevant” to an ongoing investigation to permit bulk collection. Carlin, in his filing, wrote that the Patriot Act provision remained “in effect” during the transition period. “This court may certainly consider ACLU v Clapper as part of its evaluation of the government’s application, but second circuit rulings do not constitute controlling precedent for this court,” Carlin wrote in the 2 June application. Instead, the government asked the court to rely on its own body of once-secret precedent stretching back to 2006, which Carlin called “the better interpretation of the statute”.
  • But the Fisa court must first decide whether the new bulk-surveillance request is lawful. On Friday, the conservative group FreedomWorks filed a rare motion before the Fisa court, asking it to reject the government’s surveillance request as a violation of the fourth amendment’s prohibition on unreasonable searches and seizures. Fisa court judge Michael Moseman gave the justice department until this coming Friday to respond – and explicitly barred the government from arguing that FreedomWorks lacks the standing to petition the secret court.
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

firstlook.org/...nsa-gchq-targeted-kaspersky

surveillance state NSA GCHQ anti-virus-software

shared by Paul Merrell on 23 Jun 15 - No Cached
  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
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  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Paul Merrell

InternetNews Realtime IT News - Novell Turns ICE Into Kablink - 0 views

www.internetnews.com/...ell+Turns+ICE+into+Kablink.htm

collaboration kablink novell sharepoint workflow

shared by Paul Merrell on 29 Jul 08 - Cached
  • The newly-renamed project is being expanded with workflow capabilities that Novell hopes will expand business usage. The Kablink project is Novell's effort to grow the market for open source collaboration solutions, and chip away at the hold that Microsoft's Sharepoint commands among small business users.
  • "We have a system inside of Kablink that allows developers to create business objects and these business objects model data," McConnell explained. "Then with the model of the data you can pass it views for forms and displaying the business model. So you can model a business object and then add collaboration items for that object." With the Kablink release, workflow capability is being added to the ICEcore collaboration features. A business user can now create a business workflow for a process -- be it approval, development or otherwise and attach that workflow to the business objects.
  • "We think our offering is unique; there are point solutions that have workflow embedded in them but the kind of social networking collaboration that we do, I don't know anyone that has a workflow component that can do the things that we can," McConnell claimed. "There are customers that have designed ISO 9000 processes with this, so it's a nifty thing to have, especially in an open source project."
  • Paul Merrell on 29 Jul 08
     
    See the video demo of the enterprise version at http://www.novell.com/products/teaming/demo.html Sourceforge project home page at http://sourceforge.net/projects/icecore/ Project home page at http://www.icecoreopen.org/ Reading related materials. This is open source crippleware. Enterprise version has features unavailable in open source version. Open source version packaged for SuSE, RHEL, and Windows, but clients only for Windows and SuSE (seems somewhat odd since the demo shows it running in Firefox). License is CPAL. Intra-corporate politics afoot? Seems like an X/K/Ubuntu package would be a natural for the Kablink product itself and drive uptake. OTOH, this is a new acquisition for Novell, so packaging may reflect what was done before Novell acquired. A lot of signs on the web site that the rebranding from ICEcore to Kablink was rushed, conceivably for OSCON, where it was announced.
  • anonymous on 02 Oct 13
     
    Most quality online stores. Know whether you are a trusted online retailer in the world. Whatever we can buy very good quality. and do not hesitate. Everything is very high quality. Including clothes, accessories, bags, cups. Highly recommended. This is one of the trusted online store in the world. View now www.retrostyler.com
Paul Merrell

Page 2 - The Woman Behind the Microsoft Cloud - 0 views

www.eweek.com/...1

cloud computing container data center microsoft

shared by Paul Merrell on 30 Oct 08 - Cached
  • One Microsoft data center that is not getting a lot of attention is one the company is building in Chicago, which is the Microsoft's first container-based facility, Chrapaty said, showing a mock-up of a data center container on an 18-wheeler that could be unloaded and added to an existing facility to add capacity.
  • Moreover, Chrapaty said the Chicago data center is the first Microsoft data center to use shipping containers as a primary server packaging and deployment unit. When both phases of the data center are complete, it will total more than 707,000 square feet on a 16-acre site. It will hold hundreds of thousands of servers to deliver on the Microsoft software-plus-services initiative.  The company claims the Chicago facility will be one of the largest data centers in the world and the largest deployment of the use of containers to date.
Gary Edwards

The real reason Google is making Chrome | Computerworld Blogs - 0 views

blogs.computerworld.com/reason_google_is_making_chrome

chrome msoffice ria webkit

shared by Gary Edwards on 08 Sep 08 - Cached
  • Gary Edwards on 08 Sep 08
     
    Good analysis by Stephen Vaughan-Nichols. He gets it right. Sort of. Stephen believes that Chrome is desinged to kill MSOffice. Maybe, but i think it's way too late for that. IMHO, Chrome is designed to keep Google and the Open Web in the game. A game that Microsoft is likely to run away with. Microsoft has built an easy to use transiton bridge form MSOffice desktop centric "client/server" computing model to a Web centirc but proprietary RiA-WebStack-Cloud model. In short, there is an on going great transtion of traditional client/server apps to an emerging model we might call client/ WebStack-Cloud-RiA /server computing model. As the world shifts from a Web document model to one driven by Web Applications, there is i believe a complimentary shift towards the advantage Micorsoft holds via the desktop "client/server" monopoly. For Microsoft, this is just a transtion. Painful from a monopolist profitability view point - but unavoidably necessary. The transition is no doubt helped by the OOXML <> XAML "Fixed/flow" Silverlight ready conversion component. MS also has a WebStack-Cloud (Mesh) story that has become an unstoppable juggernaut (Exchange/SharePoint/SQL Server as the WebSTack). WebKit based RiA challengers like Adobe Apollo, Google Chrome, and Apple SproutCore-Cocoa have to figure out how to crack into the great transition. MS has succeeded in protecting their MSOffice monopoly until such time as they had all the transtion pieces in place. They have a decided advantage here. It's also painfully obvious that the while the WebKit guys have incredible innovation on their side, they are still years behind the complete desktop to WebStack-RiA-Cloud to device to legacy servers application story Microsoft is now selling into the marketplace. They also are seriously lacking in developer tools. Still, the future of the Open Web hangs in the balance. Rather than trying to kill MSOffice, i would think a better approach would be that of trying to
  • Gary Edwards on 08 Sep 08
     
    There are five reasons why Google is doing this, and, if you read the comic book closely - yes, I'm serious - and you know technology you can see the reasons for yourself. These, in turn, lead to what I think is Google's real goal for Chrome.
  • Paul Merrell on 09 Sep 08
     
    I'm still keeping the door open on a suspicion that Microsoft may have planned to end the life of MS Office after the new fortress on the server side is ready. The code base is simply too brittle to have a competitive future in the feature wars. I can't get past my belief that if Microsoft saw any future in the traditional client-side office suite, it would have been building a new one a decade ago. Too many serious bugs too deeply buried in spaghetti code to fix; it's far easier to rebuild from the ground up. Word dates to 1984, Excel to 1985, Powerpoint to 1987, All were developed for the Mac, ported years later to Windows. At least Word is still running a deeply flawed 16-bit page layout engine. E.g., page breaks across subdocuments have been broken since Word 1.0. Technology designed to replace yet still largely defined by its predecessor, the IBM Correcting Selectric electro-mechanical typewriter. Mid-80s stand-alone, non-networked computer technology in the World Wide Web era? Where's the future in software architecture developed two decades ago, before the Connected World? I suspect Office's end is near. Microsoft's problem is migrating their locked-in customers to the new fortress on the server side. The bridge is OOXML. In other words, Google doesn't have to kill Office; Microsoft will do that itself. Giving the old cash cow a face lift and fresh coat of lipstick? That's the surest sign that the old cow's owner is keeping a close eye on prices in the commodity hamburger market while squeezing out the last few buckets of milk.
Paul Merrell

Technology News: Tech Law: Court Ruling Grants Email the Cloak of Privacy - 0 views

www.technewsworld.com/...71467.html

email privacy cloud computing SaaS 4th Amendment warrantless searches

shared by Paul Merrell on 17 Dec 10 - No Cached
  • 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.
Paul Merrell

Rapid - Press Releases - EUROPA - 0 views

europa.eu/...pressReleasesAction.do

Intel antitrust dg competition

shared by Paul Merrell on 13 May 09 - Cached
  • The Commission has found that Intel excluded its competitor in two ways: through illegal loyalty rebates by paying manufacturers and retailers to restrict the commercialisation of competitors' products.These illegal actions were designed to preserve Intel's market share at a time when their only significant rival - AMD - was&nbsp;a growing threat to Intel's position. This threat was&nbsp;widely recognised by both computer manufacturers and in Intel's own internal documents seen by the Commission. The computer manufacturers involved are Acer, Dell, HP, Lenovo and NEC. The retailer involved is Media Saturn Holdings, the parent company of Media Markt.
  • Naturally, the Commission favours strong, vigorous price competition, including by dominant firms. However, Intel went beyond normal price competition by giving rebates to computer manufacturers on the condition that they bought all, or almost all, of their CPUs from Intel. Intel also made direct payments to a major retailer – Media Markt - on the condition that it stocked only computers with Intel CPUs.
  • Just to give you one example: in one case, a computer manufacturer took up only a small part of an offer by AMD of free CPUs because acceptance of all the free CPUs offered would have led that computer manufacturer to breach the conditions of its agreement with Intel and to lose rebates on all its much more numerous Intel purchases.
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  • Intel made direct payments to computer manufacturers to halt or delay the launch of products using their rival's chips, and to limit their distribution once available. The Commission has specific, documented examples, of Intel paying other manufacturers to, for example, delay the launch of an AMD-based PC by six months, and to restrict the sales of AMD-based products to certain customers.
  • The Commission Decision contains evidence that Intel went to great lengths to cover-up many of its anti-competitive actions. Many of the conditions mentioned above were not to be found in Intel’s official contracts. However, the Commission was able to gather a broad range of evidence demonstrating Intel's illegal conduct through statements from companies, on-site inspections, and formal requests for information.
  • Finally, I would like to draw your attention to Intel's latest global advertising campaign which proposes Intel as the "Sponsors of Tomorrow." Their website invites visitors to add their 'vision of tomorrow'.&nbsp;Well, I can give my vision of tomorrow for Intel here and now: "obey the law".
Paul Merrell

Japan, U.S. trade chiefs seek to clinch bilateral TPP deal - 毎日新聞 - 0 views

mainichi.jp/...20140924p2g00m0bu022000c.html

globalization Trans-Pacific Partnership home-stretch

shared by Paul Merrell on 03 Nov 14 - No Cached
  • Talks on the TPP, which would create a massive free trade zone encompassing some 40 percent of global output, have long been stalled due partly to bickering between Japan and the United States -- the biggest economies in the TPP framework -- over removal of barriers for agricultural and automotive trade. The biggest sticking point has been Tokyo's proposed exceptions to tariff cuts on its five sensitive farm product categories -- rice, wheat, beef and pork, dairy products and sugar -- and safeguard measures it wants to introduce should imports of the products surge under the TPP, which aims for zero tariffs in principle. It is uncertain how much closer the two sides can move given that their recent working-level talks saw little progress, negotiation sources said.
  • A summit meeting of the Asia-Pacific Economic Cooperation forum scheduled for November in Beijing that Obama and leaders from other TPP countries are slated to join is seen as an occasion for concluding the TPP talks, which have entered their fifth year. But the odds on an agreement depend on whether Japan and the United States can bridge their gaps before that.
  • Hiroshi Oe, Japan's deputy chief TPP negotiator, has admitted that talks with his counterpart Wendy Cutler, Froman's top deputy, earlier this month in Tokyo made very little progress. One negotiation source said the hurdle for solving the outstanding bilateral problems is "extremely high," suggesting it is still premature to bring the talks to the ministerial level. Amari himself had been reluctant to hold a one-on-one meeting with Froman with the working-level negotiations failing to see enough progress. But he apparently decided to ramp up efforts in response to strong calls from Washington for arranging a meeting with Froman, who has said the two sides are "now at a critical juncture in this negotiation."
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  • The TPP comprises Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam.
  • Paul Merrell on 03 Nov 14
     
    Get ready to fight TPP fast-tracking in member states. see also 'Wikileaks' free trade documents reveal 'drastic' Australian concessions.' Source: The Guardian. http://goo.gl/hicb5h Remember that in the U.S., only Senate ratification is required. The measure will not go before the House before implementation. 
Gonzalo San Gil, PhD.

Pro-Privacy Senator Wyden on Fighting the NSA From Inside the System | WIRED - 1 views

www.wired.com/...senator-ron-wyden-q-a

Wyden senator US nsa fighting system inside wired

shared by Gonzalo San Gil, PhD. on 23 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 23 Oct 14
     
    "Senator Ron Wyden thought he knew what was going on. The Democrat from Oregon, who has served on the Senate Select Committee on Intelligence since 2001, thought he knew the nature of the National Security Agency's surveillance activities. As a committee member with a classified clearance, he received regular briefings to conduct oversight."
  • Paul Merrell on 24 Oct 14
     
    I'm a retired lawyer in Oregon and a devout civil libertarian. Wyden is one of my senators. I have been closely following this government digital surveillance stuff since the original articles in 1988 that first broke the story on the Five Eyes' Echelon surveillance system. E.g., http://goo.gl/mCxs6Y While I will grant that Wyden has bucked the system gently (he's far more a drag anchor than a propeller), he has shown no political courage on the NSA stuff whatsoever. In the linked article, he admits keeping his job as a Senator was more important to him than doing anything *effective* to stop the surveillance in its tracks. His "working from the inside" line notwithstanding, he allowed creation of a truly Orwellian state to develop without more than a few ineffective yelps that were never listened to because he lacked the courage to take a stand and bring down the house that NSA built with documentary evidence. It took a series of whistleblowers culminating in Edward Snowden's courageous willingness to spend the rest of his life in prison to bring the public to its currently educated state. Wyden on the other hand, didn't even have the courage to lay it all out in the public Congressional record when he could have done so at any time without risking more than his political career because of the Constitution's Speech and Debate Clause that absolutely protects Wyden from criminal prosecution had he done so. I don't buy arguments that fear of NSA blackmail can excuse politicians from doing their duty. That did not stop the Supreme Court from unanimously laying down an opinion, in Riley v. California, that brings to an end the line of case decisions based on Smith v. Maryland that is the underpinning of the NSA/DoJ position on access to phone metadata without a warrant. http://scholar.google.com/scholar_case?case=9647156672357738355 Elected and appointed government officials owe a duty to the citizens of this land to protect and defend the Constitution that legallh
Paul Merrell

Utah lawmaker questions city water going to NSA - 0 views

www.rgj.com/...19438569

surveillance state NSA Bluffdale water data privacy

shared by Paul Merrell on 24 Nov 14 - No Cached
  • SALT LAKE CITY – A Utah lawmaker concerned about government spying on its citizens is questioning whether city water service should be cut off to a massive National Security Agency data storage facility outside Salt Lake City.Republican Rep. Marc Roberts, of Santaquin, said there are serious questions about privacy and surveillance surrounding the center, and several Utah residents who spoke at a legislative committee hearing Wednesday agreed.During the last legislative session, lawmakers opted to hold off on Roberts' bill to shut off the facility's water and decided to study it during the interim."This is not a bill just about a data center. This is a bill about civil rights," web developer Joe Levi said. "This is a bill that needs to be taken up and needs to be taken seriously."Pete Ashdown, founder of Salt Lake City-based Internet provider XMission, called the center a stain upon the state and its technology industry. "I do encourage you to stand up and do something about it," he said.Lawmakers said they aren't considering shutting down $1.7 billion facility, but the committee chair acknowledged the concerns and said there might be another way to get the point across. "We may look at some type of a strong message to give our representatives to take back to Congress," said Republican Sen. David Hinkins, of Orangeville.
  • The NSA's largest data storage center in the U.S. was built in Utah over 37 other locations because of open land and cheap electricity. The center sits on a National Guard base about 25 miles south of Salt Lake City in the town of Bluffdale.NSA officials said the center is key to protecting national security networks and allowing U.S. authorities to watch for cyber threats. Beyond that, the agency has offered few details.The center attracted much discussion and concern after revelations last year that the NSA has been collecting millions of U.S. phone records and digital communications stored by major Internet providers.
  • Cybersecurity experts say the nondescript Utah facility is a giant storehouse for phone calls, emails and online records that have been secretly collected.Outside the computer storehouses are large coolers that keep the machines from overheating. The coolers use large amounts of water, which the nearby city of Bluffdale sells to the center at a discounted rate.City records released earlier this year showed monthly water use was much less than the 1 million gallons a day that the U.S. Army Corps of Engineers predicted the center would need, causing some to wonder if the center was fully operational.NSA officials have refused to say if the center is up and running after its scheduled opening in October 2013 was stalled by electrical problems.City utility records showed the NSA has been making monthly minimum payments of about $30,000 to Bluffdale. The city manager said that pays for more water than the center used.The state of Nevada shut off water to the site of the proposed Yucca Mountain nuclear waste dump 90 miles northwest of Las Vegas in 2002, after months of threats.The project didn't run dry because the Energy Department built a 1-million-gallon tank and a small well for the site. Department officials said the stored water, plus 400,000 gallons stored in other tanks at the Nevada Test Site, provided time for scientists to continue experiments and design work at the site.
  • ...1 more annotation...
  • SALT LAKE CITY – A Utah lawmaker concerned about government spying on its citizens is questioning whether city water service should be cut off to a massive National Security Agency data storage facility outside Salt Lake City.Rep
  • Paul Merrell on 24 Nov 14
     
    Hey, go for their electricity too! But what do we do with the Bluffdale facility after we abolish the NSA? Turn it over to Internet Archives, with a $1 billion endowment for maintenance? Free and permanent web sites for everyone?  
Paul Merrell

LocalOrg: Decentralizing Telecom - 0 views

localorg.blogspot.com/...decentralizing-telecom.html

mesh networking

shared by Paul Merrell on 28 Dec 14 - No Cached
  • SOPA, ACTA, the criminalization of sharing, and a myriad of other measures taken to perpetuate antiquated business models propping up enduring monopolies - all have become increasingly taxing on the tech community and informed citizens alike. When the storm clouds gather and torrential rain begins to fall, the people have managed to stave off the flood waters through collective effort and well organized activism - stopping, or at least delaying SOPA and ACTA. However, is it really sustainable to mobilize each and every time multi-billion dollar corporations combine their resources and attempt to pass another series of draconian rules and regulations? Instead of manning the sandbags during each storm, wouldn't it suit us all better to transform the surrounding landscape in such a way as to harmlessly divert the floods, or better yet, harness them to our advantage? In many ways the transformation has already begun.
  • While open source software and hardware, as well as innovative business models built around collaboration and crowd-sourcing have done much to build a paradigm independent of current centralized proprietary business models, large centralized corporations and the governments that do their bidding, still guard all the doors and carry all the keys. The Internet, the phone networks, radio waves, and satellite systems still remain firmly in the hands of big business. As long as they do, they retain the ability to not only reassert themselves in areas where gains have been made, but can impose preemptive measures to prevent any future progress. With the advent of hackerspaces, increasingly we see projects that hold the potential of replacing, at least on a local level, much of the centralized infrastructure we take for granted until disasters or greed-driven rules and regulations upset the balance. It is with the further developing of our local infrastructure that we can leave behind the sandbags of perpetual activism and enjoy a permanently altered landscape that favors our peace and prosperity. Decentralizing Telecom
  • As impressive as a hydroelectric dam may be and as overwhelming as it may seem as a project to undertake, it will always start with but a single shovelful of dirt. The work required becomes in its own way part of the payoff - with experienced gained and with a magnificent accomplishment to aspire toward. In the same way, a communication network that runs parallel to existing networks, with global coverage, but locally controlled, may seem an impossible, overwhelming objective - and for one individual, or even a small group of individuals, it is. However, the paradigm has shifted. In the age of digital collaboration made possible by existing networks, the building of such a network can be done in parallel. In an act of digital-judo, we can use the system's infrastructure as a means of supplanting and replacing it with something superior in both function and in form.&nbsp;
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