Group items tagged

"On the heels of yesterday's FCC bombshell, there is a new petition on the White House petition site titled, 'Maintain true net neutrality to protect the freedom of information in the United States.' The body reads: 'True net neutrality means the free exchange of information between people and organizations. Information is key to a society's well being. One of the most effective tactics of an invading military is to inhibit the flow of information in a population; this includes which information is shared and by who. Today we see this war being waged on American citizens. Recently the FCC has moved to redefine "net neutrality" to mean that corporations and organizations can pay to have their information heard, or worse, the message of their competitors silenced. We as a nation must settle for nothing less than complete neutrality in our communication channels. This is not a request, but a demand by the citizens of this nation. No bandwidth modifications of information based on content or its source.'"

Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.

The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.

“I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”

The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. It’s no secret that we wanted more. In the wake of the damning evidence of surveillance abuses disclosed by Edward Snowden, Congress had an opportunity to champion comprehensive surveillance reform and undertake a thorough investigation, like it did with the Church Committee. Congress could have tried to completely end mass surveillance and taken numerous other steps to rein in the NSA and FBI. This bill was the result of compromise and strong leadership by Sens. Patrick Leahy and Mike Lee and Reps. Robert Goodlatte, Jim Sensenbrenner, and John Conyers. It’s not the bill EFF would have written, and in light of the Second Circuit's thoughtful opinion, we withdrew our support from the bill in an effort to spur Congress to strengthen some of its privacy protections and out of concern about language added to the bill at the behest of the intelligence community. Even so, we’re celebrating. We’re celebrating because, however small, this bill marks a day that some said could never happen—a day when the NSA saw its surveillance power reduced by Congress. And we’re hoping that this could be a turning point in the fight to rein in the NSA.

The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.

We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.

That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.

When you pay for federally funded research, you should be allowed to read it. That’s the idea behind the Fair Access to Science and Technology Research Act (S.1701, H.R.3427), which was recently reintroduced in both houses of Congress. FASTR was first introduced in 2013, and while it has strong support in both parties, it has never gained enough momentum to pass. We need to change that. Let’s tell Congress that passing an open access law should be a top priority.

Tell Congress: It’s time to move FASTR The proposal is pretty simple: Under FASTR, every federal agency that spends more than $100 million on grants for research would be required to adopt an open access policy. The bill gives each agency flexibility to implement an open access policy suited to the work it funds, so long as research is available to the public after an “embargo period” of a year or less. One of the major points of contention around FASTR is how long that embargo period should be. Last year, the Senate Homeland Security and Governmental Affairs Committee approved FASTR unanimously, but only after extending that embargo period from six months to 12, putting FASTR in line with the 2013 White House open access memo. That’s the version that was recently reintroduced in the Senate.  The House bill, by contrast, sets the embargo period at six months. EFF supports a shorter period. Part of what’s important about open access is that it democratizes knowledge: when research is available to the public, you don’t need expensive journal subscriptions or paid access to academic databases in order to read it. A citizen scientist can use and build on the same body of knowledge as someone with institutional connections. But in the fast-moving world of scientific research, 12 months is an eternity. A shorter embargo is far from a radical proposition, especially in 2017. The landscape for academic publishing is very different from what it was when FASTR was first introduced, thanks in larger part to nongovernmental funders who already enforce open access mandates. Major foundations like Ford, Gates, and Hewlett have adopted strong open access policies requiring that research be not only available to the public, but also licensed to allow republishing and reuse by anyone.

Just last year, the Gates Foundation made headlines when it dropped the embargo period from its policy entirely, requiring that research be published openly immediately. After a brief standoff, major publishers began to accommodate Gates’ requirements. As a result, we finally have public confirmation of what we’ve always known: open access mandates don’t put publishers out of business; they push them to modernize their business models. Imagine how a strong open access mandate for government-funded research—with a requirement that that research be licensed openly—could transform publishing. FASTR may not be that law, but it’s a huge step in the right direction, and it’s the best option on the table today. Let’s urge Congress to pass a version of FASTR with an embargo period of six months or less, and then use it as a foundation for stronger open access in the future.

The White House and U.S. intelligence chiefs Wednesday backed making permanent a law that allows for the collection of digital communications of foreigners overseas, escalating a fight in Congress over privacy and security. The law, enshrined in Section 702 of the Foreign Intelligence Surveillance Act, is due to expire on December 31 unless Congress votes to reauthorize it, but is considered vital by U.S. intelligence agencies. Privacy advocates have criticized the law though for allowing the incidental collection of data belonging to millions of Americans without a search warrant. The push to make the law permanent may lead to a contentious debate over renewal of Section 702 in Congress, where lawmakers in both parties are deeply divided over whether to adopt transparency and oversight reforms

Reuters reported in March that the Trump administration supported renewal of Section 702 without any changes, citing an unnamed White House official, but it was not clear at the time whether it wanted the law made permanent.

Imagine you are the target of a phishing attack: Someone sends you an email attachment containing malware. Your email service provider shares the attachment with the government, so that others can configure their computer systems to spot similar attacks. The next day, your provider gets a call. It’s the Department of Homeland Security (DHS), and they’re curious. The malware appears to be from Turkey. Why, DHS wants to know, might someone in Turkey be interested in attacking you? So, would your email company please share all your emails with the government? Knowing more about you, investigators might better understand the attack. Normally, your email provider wouldn’t be allowed to give this information over without your consent or a search warrant. But that could soon change. The Senate may soon make another attempt at passing the Cybersecurity Information Sharing Act, a bill that would waive privacy laws in the name of cybersecurity. In April, the US House of Representatives passed by strong majorities two similar “cyber threat” information sharing bills. These bills grant companies immunity for giving DHS information about network attacks, attackers, and online crimes.

Sharing information about security vulnerabilities is a good idea. Shared vulnerability data empowers other system operators to check and see if they, too, have been attacked, and also to guard against being similarly attacked in the future. I’ve spent most of my career fighting for researchers’ rights to share this kind of information against threats from companies that didn’t want their customers to know their products were flawed. But, these bills gut legal protections against government fishing expeditions exactly at a time when individuals and Internet companies need privacy laws to get stronger, not weaker. 

Worse, the bills aren’t needed. Private companies share threat data with each other, and even with the government, all the time. The threat data that security professionals use to protect networks from future attacks is a far more narrow category of information than those included in the bills being considered by Congress, and will only rarely contain private information. And none of the recent cyberattacks — not Sony, not Target, and not the devastating grab of sensitive background check interviews on government employees at the Office of Personnel Management — would have been mitigated by these bills.

An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.

The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.

The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.

Now that the House of Representatives has floated a superficial net neutrality bill, it's the Senate's turn. Louisiana Senator John Kennedy has introduced a companion version of the Open Internet Preservation Act that effectively replicates the House measure put forward by Tennessee Representative Marsha Blackburn. As before, it supports net neutrality only on a basic level -- and there are provisions that would make it difficult to combat other abuses. The legislation would technically forbid internet providers from blocking and throttling content, but it wouldn't bar paid prioritization. Theoretically, ISPs could create de facto "slow lanes" for competing services by offering mediocre speeds unless they pay for faster connections. The bill would also curb the FCC's ability to deal with other violations, and would prevent states from passing their own net neutrality laws. In short, the bill is much more about limiting regulation than protecting open access and competition.Kennedy's bill isn't expected to go far in the Senate, just as Blackburn's hasn't done much in the House. However, his proposal comes mere days after senators put forward a Congressional Review Act that would undo the FCC's decision to kill net neutrality. Kennedy had claimed he was considering support for the CRA, but his proposal contradicts that -- why push a heavily watered-down bill if you were willing to revert to the stronger legislation? It's not a completely surprising move and is largely symbolic, but it's disappointing for those who hoped there would be truly bipartisan support for a return to net neutrality.

Under the Fourth Amendment, Americans are protected from unreasonable searches and seizures, but according to one group of federal prosecutors, just being in the wrong house at the wrong time is cause enough to make every single person inside provide their fingerprints and unlock their phones.Back in 2014, a Virginia Circuit Court ruled that while suspects cannot be forced to provide phone passcodes, biometric data like fingerprints doesn’t have the same constitutional protection. Since then, multiple law enforcement agencies have tried to force individual suspects to unlock their phones with their fingers, but none have claimed the sweeping authority found in a Justice Department memorandum recently uncovered by Forbes.

In the court document filed earlier this year, federal prosecutors in California argued that a warrant for a mass finger-unlocking was constitutionally sound even though “the government does not know ahead of time the identity of every digital device or every fingerprint (or indeed, every other piece of evidence) that it will find in the search” because “it has demonstrated probable cause that evidence may exist at the search location.” Criminal defense lawyer Marina Medvin, however, disagreed. Advertisement Advertisement “They want the ability to get a warrant on the assumption that they will learn more after they have a warrant,” Medvin told Forbes. “This would be an unbelievably audacious abuse of power if it were permitted.”Unfortunately, other documents related to the case were not publicly available, so its unclear if the search was actually executed. Even so, Medvin believes the memorandum sets a deeply troubling precedent, using older case law regarding the collection of fingerprint evidence to request complete access to the “amazing amount of information” found on a cellphone.

The US Government Accountability Office (GAO) will investigate the use of impersonation in public comments on the Federal Communications Commission's net neutrality repeal. Congressional Democrats requested the investigation last month, and the GAO has granted the request. While the investigation request was spurred by widespread fraud in the FCC's net neutrality repeal docket, Democrats asked the GAO to also "examine whether this shady practice extends to other agency rulemaking processes." The GAO will do just that, having told Democrats in a letter that it will "review the extent and pervasiveness of fraud and the misuse of American identities during federal rulemaking processes."

The GAO provides independent, nonpartisan audits and investigations for Congress. The GAO previously agreed to investigate DDoS attacks that allegedly targeted the FCC comment system, also in response to a request by Democratic lawmakers. The Democrats charged that Chairman Ajit Pai's FCC did not provide enough evidence that the attacks actually happened, and they asked the GAO to find out what evidence the FCC used to make its determination. Democrats also asked the GAO to examine whether the FCC is prepared to prevent future attacks. The DDoS investigation should happen sooner than the new one on comment fraud because the GAO accepted that request in October.

The FCC's net neutrality repeal received more than 22 million comments, but millions were apparently submitted by bots and falsely attributed to real Americans (including some dead ones) who didn't actually submit comments. Various analyses confirmed the widespread spam and fraud; one analysis found that 98.5 percent of unique comments opposed the repeal plan.

hina’s ByteDance has agreed to divest the U.S. operations of TikTok completely in a bid to save a deal with the White House, after President Donald Trump said on Friday he had decided to ban the popular short-video app, two people familiar with the matter said on Saturday. ByteDance was previously seeking to keep a minority stake in the U.S. business of TikTok, which the White House had rejected. Under the new proposed deal, ByteDance would exit completely and Microsoft Corp would take over TikTok in the United States, the sources said. Some ByteDance investors that are based in the United States may be given the opportunity to take minority stakes in the business, the sources added. The White House did not respond to a request for comment on whether Trump would accept ByteDance’s concession. ByteDance in Beijing did not respond to a request for comment. Under ByteDance’s new proposal, Microsoft will be in charge of protecting all U.S. user data, the sources said. The plan allows for another U.S. company other than Microsoft to take over TikTok in the United States, the sources added.

Bytedance has apparently gotten the "tap on the shoulder" from the CCP bigwigs who apparently aren't super thrilled about the optics of a mighty Chinese conglomerate kowtowing to the Trump Administration. Earlier today, it appeared that President Trump's late-night threat about banning TikTok had motivated ByteDance and Microsoft to speed up their talks. But as the New York afternoon wore on, a Dow Jones headline proclaimed that Microsoft and ByteDance had decided to abruptly stop negotiations.

Experts and sources with knowledge of the situation say the most controversial Internet bill of the year, the Cyber Information Sharing and Protection Act (CISPA), is already dead in the water. That's good news for the millions worldwide who have formally registered their opposition to the bill. Designed to help the U.S. fight online attacks, CISPA would make it easier for corporations that are hacked to pass what they know to government agencies—including, critics say, swaths of your private information that would otherwise be protected by law. But though CISPA resoundingly passed the House of Representatives April 18, "it is extremely unlikely for the Senate" to vote on the bill," the ACLU's Michelle Richardson told the Daily Dot.

A Senate committee aide, who requested to not be named, told the Daily Dot that "there is no possible plan to bring up CISPA," in the Senate. The aide cited the fact that the Senate tried to pass its own cybersecurity bill, the Cybersecurity Act of 2012 (CSA). While unsuccessful, it underscored a desire for legislation that took more explicit efforts to protect individuals' Internet privacy. "There are just too many problems with it," the aide said of CISPA. This is backed up by U.S. News and World Report, which has reported that a staffer on the Senate's Committee on Commerce, Science and Transportation explicitly claims CISPA is no longer a possibility, and senators are "drafting separate bills" to include some CISPA provisions.

By James Bamford Last summer, cyber investigators plowing through the thousands of leaked emails from the Democratic National Committee uncovered a clue.A user named “Феликс Эдмундович” modified one of the documents using settings in the Russian language. Translated, his name was Felix Edmundovich, a pseudonym referring to Felix Edmundovich Dzerzhinsky, the chief of the Soviet Union’s first secret-police organization, the Cheka.It was one more link in the chain of evidence pointing to Russian President Vladimir Putin as the man ultimately behind the operation.During the Cold War, when Soviet intelligence was headquartered in Dzerzhinsky Square in Moscow, Putin was a KGB officer assigned to the First Chief Directorate. Its responsibilities included “active measures,” a form of political warfare that included media manipulation, propaganda and disinformation. Soviet active measures, retired KGB Major General Oleg Kalugin told Army historian Thomas Boghart, aimed to discredit the United States and “conquer world public opinion.”As the Cold War has turned into the code war, Putin recently unveiled his new, greatly enlarged spy organization: the Ministry of State Security, taking the name from Joseph Stalin’s secret service. Putin also resurrected, according to James Clapper, the U.S. director of national intelligence, some of the KGB’s old active- measures tactics. On October 7, Clapper issued a statement: “The U.S. Intelligence community is confident that the Russian government directed the recent compromises of emails from U.S. persons and institutions, including from U.S. political organizations.” Notably, however, the FBI declined to join the chorus, according to reports by the New York Times and CNBC.A week later, Vice President Joe Biden said on NBC’s Meet the Press that "we're sending a message" to Putin and "it will be at the time of our choosing, and under the circumstances that will have the greatest impact." When asked if the American public would know a message was sent, Biden replied, "Hope not." Meanwhile, the CIA was asked, according to an NBC report on October 14, “to deliver options to the White House for a wide-ranging ‘clandestine’ cyber operation designed to harass and ‘embarrass’ the Kremlin leadership.”But as both sides begin arming their cyberweapons, it is critical for the public to be confident that the evidence is really there, and to understand the potential consequences of a tit-for-tat cyberwar escalating into a real war. 

This is a prospect that has long worried Richard Clarke, the former White House cyber czar under President George W. Bush. “It’s highly likely that any war that began as a cyberwar,” Clarke told me last year, “would ultimately end up being a conventional war, where the United States was engaged with bombers and missiles.”The problem with attempting to draw a straight line from the Kremlin to the Clinton campaign is the number of variables that get in the way. For one, there is little doubt about Russian cyber fingerprints in various U.S. campaign activities. Moscow, like Washington, has long spied on such matters. The United States, for example, inserted malware in the recent Mexican election campaign. The question isn’t whether Russia spied on the U.S. presidential election, it’s whether it released the election emails.Then there’s the role of Guccifer 2.0, the person or persons supplying WikiLeaks and other organizations with many of the pilfered emails. Is this a Russian agent? A free agent? A cybercriminal? A combination, or some other entity? No one knows.There is also the problem of groupthink that led to the war in Iraq. For example, just as the National Security Agency, the Central Intelligence Agency and the rest of the intelligence establishment are convinced Putin is behind the attacks, they also believed it was a slam-dunk that Saddam Hussein had a trove of weapons of mass destruction. Consider as well the speed of the political-hacking investigation, followed by a lack of skepticism, culminating in a rush to judgment. After the Democratic committee discovered the potential hack last spring, it called in the cybersecurity firm CrowdStrike in May to analyze the problem.

CrowdStrike took just a month or so before it conclusively determined that Russia’s FSB, the successor to the KGB, and the Russian military intelligence organization, GRU, were behind it. Most of the other major cybersecurity firms quickly fell in line and agreed. By October, the intelligence community made it unanimous. That speed and certainty contrasts sharply with a previous suspected Russian hack in 2010, when the target was the Nasdaq stock market. According to an extensive investigation by Bloomberg Businessweek in 2014, the NSA and FBI made numerous mistakes over many months that stretched to nearly a year. “After months of work,” the article said, “there were still basic disagreements in different parts of government over who was behind the incident and why.”  There was no consensus­, with just a 70 percent certainty that the hack was a cybercrime. Months later, this determination was revised again: It was just a Russian attempt to spy on the exchange in order to design its own. The federal agents also considered the possibility that the Nasdaq snooping was not connected to the Kremlin. Instead, “someone in the FSB could have been running a for-profit operation on the side, or perhaps sold the malware to a criminal hacking group.” Again, that’s why it’s necessary to better understand the role of Guccifer 2.0 in releasing the Democratic National Committee and Clinton campaign emails before launching any cyberweapons.