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Paul Merrell

After Brit spies 'snoop' on families' lawyers, UK govt admits: We flouted human rights ... - 0 views

www.theregister.co.uk/...uk_spies_on_lawyers

surveillance state GCHQ MI5 lawyer-client-communications

shared by Paul Merrell on 15 Mar 15 - No Cached
  • The British government has admitted that its practice of spying on confidential communications between lawyers and their clients was a breach of the European Convention on Human Rights (ECHR). Details of the controversial snooping emerged in November: lawyers suing Blighty over its rendition of two Libyan families to be tortured by the late and unlamented Gaddafi regime claimed Her Majesty's own lawyers seemed to have access to the defense team's emails. The families' briefs asked for a probe by the secretive Investigatory Powers Tribunal (IPT), a move that led to Wednesday's admission. "The concession the government has made today relates to the agencies' policies and procedures governing the handling of legally privileged communications and whether they are compatible with the ECHR," a government spokesman said in a statement to the media, via the Press Association. "In view of recent IPT judgments, we acknowledge that the policies applied since 2010 have not fully met the requirements of the ECHR, specifically Article 8. This includes a requirement that safeguards are made sufficiently public."
  • The guidelines revealed by the investigation showed that MI5 – which handles the UK's domestic security – had free reign to spy on highly private and sensitive lawyer-client conversations between April 2011 and January 2014. MI6, which handles foreign intelligence, had no rules on the matter either until 2011, and even those were considered void if "extremists" were involved. Britain's answer to the NSA, GCHQ, had rules against such spying, but they too were relaxed in 2011. "By allowing the intelligence agencies free rein to spy on communications between lawyers and their clients, the Government has endangered the fundamental British right to a fair trial," said Cori Crider, a director at the non-profit Reprieve and one of the lawyers for the Libyan families. "For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years."
  • Crider said it now seemed probable that UK snoopers had been listening in on the communications over the Libyan case. The British government hasn't admitted guilt, but it has at least acknowledged that it was doing something wrong – sort of. "It does not mean that there was any deliberate wrongdoing on the part of the security and intelligence agencies, which have always taken their obligation to protect legally privileged material extremely seriously," the government spokesman said. "Nor does it mean that any of the agencies' activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings. The agencies will now work with the independent Interception of Communications Commissioner to ensure their policies satisfy all of the UK's human rights obligations." So that's all right, then.
  • Paul Merrell on 15 Mar 15
     
    If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action.  
Paul Merrell

Help:CirrusSearch - MediaWiki - 0 views

www.mediawiki.org/...Help:CirrusSearch

Wikipedia MediaWiki search-engines CirrusSearch

shared by Paul Merrell on 19 Mar 15 - No Cached
  • CirrusSearch is a new search engine for MediaWiki. The Wikimedia Foundation is migrating to CirrusSearch since it features key improvements over the previously used search engine, LuceneSearch. This page describes the features that are new or different compared to the past solutions.
  • 1 Frequently asked questions 1.1 What's improved? 2 Updates 3 Search suggestions 4 Full text search 4.1 Stemming 4.2 Filters (intitle:, incategory: and linksto:) 4.3 prefix: 4.4 Special prefixes 4.5 Did you mean 4.6 Prefer phrase matches 4.7 Fuzzy search 4.8 Phrase search and proximity 4.9 Quotes and exact matches 4.10 prefer-recent: 4.11 hastemplate: 4.12 boost-templates: 4.13 insource: 4.14 Auxiliary Text 4.15 Lead Text 4.16 Commons Search 5 See also
  • Stemming In search terminology, support for "stemming" means that a search for "swim" will also include "swimming" and "swimmed", but not "swam". There is support for dozens of languages, but all languages are wanted. There is a list of currently supported languages at elasticsearch.org; see their documentation on contributing to submit requests or patches.
  • ...1 more annotation...
  • See also Full specifications in the browser tests
  • Paul Merrell on 19 Mar 15
     
    Lots of new tricks to learn on sites using MediaWiki as folks update their installations, I'm not a big fan of programs written in PHP and Javascript, but they're impossible to avoid on the Web. So is MediaWiki, so any real improvements help.  
Paul Merrell

What's Scarier: Terrorism, or Governments Blocking Websites in its Name? - The Intercept - 0 views

firstlook.org/...terally-blocking-websites-name

censorship-crimes web-site-blocking terrorism™ civil liberties discrimination War-on-Muslims

shared by Paul Merrell on 19 Mar 15 - No Cached
  • Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:
  • In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”
  • If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.
  • ...2 more annotations...
  • Beyond the technical issues, trying to legislate ideas out of existence is a fool’s game: those sufficiently determined will always find ways to make themselves heard. Indeed, as U.S. pop star Barbra Streisand famously learned, attempts to suppress ideas usually result in the greatest publicity possible for their advocates and/or elevate them by turning fringe ideas into martyrs for free speech (I have zero doubt that all five of the targeted sites enjoyed among their highest traffic dates ever today as a result of the French targeting). But the comical futility of these efforts is exceeded by their profound dangers. Who wants governments to be able to unilaterally block websites? Isn’t the exercise of this website-blocking power what has long been cited as reasons we should regard the Bad Countries — such as China and Iran — as tyrannies (which also usually cite “counterterrorism” to justify their censorship efforts)?
  • s those and countless other examples prove, the concepts of “extremism” and “radicalizing” (like “terrorism” itself) are incredibly vague and elastic, and in the hands of those who wield power, almost always expand far beyond what you think it should mean (plotting to blow up innocent people) to mean: anyone who disseminates ideas that are threatening to the exercise of our power. That’s why powers justified in the name of combating “radicalism” or “extremism” are invariably — not often or usually, but invariably — applied to activists, dissidents, protesters and those who challenge prevailing orthodoxies and power centers. My arguments for distrusting governments to exercise powers of censorship are set forth here (in the context of a prior attempt by a different French minister to control the content of Twitter). In sum, far more damage has been inflicted historically by efforts to censor and criminalize political ideas than by the kind of “terrorism” these governments are invoking to justify these censorship powers. And whatever else may be true, few things are more inimical to, or threatening of, Internet freedom than allowing functionaries inside governments to unilaterally block websites from functioning on the ground that the ideas those sites advocate are objectionable or “dangerous.” That’s every bit as true when the censors are in Paris, London, and Ottawa, and Washington as when they are in Tehran, Moscow or Beijing.
Paul Merrell

Germany Fires Verizon Over NSA Spying - 0 views

www.mintpressnews.com/...193184

surveillance-state Germany Verizon NSA-blowback

shared by Paul Merrell on 29 Jun 14 - No Cached
  • Germany announced Thursday it is canceling its contract with Verizon Communications over concerns about the role of U.S. telecom corporations in National Security Agency spying. “The links revealed between foreign intelligence agencies and firms after the N.S.A. affair show that the German government needs a high level of security for its essential networks,” declared Germany’s Interior Ministry in a statement released Thursday. The Ministry said it is engaging in a communications overhaul to strengthen privacy protections as part of the process of severing ties with Verizon. The announcement follows revelations, made possible by NSA whistleblower Edward Snowden, that Germany is a prime target of NSA spying. This includes surveillance of German Chancellor Angela Merkel’s mobile phone communications, as well as a vast network of centers that secretly collect information across the country. Yet, many have accused Germany of being complicit in NSA spying, in addition to being targeted by it. The German government has refused to grant Snowden political asylum, despite his contribution to the public record about U.S. spying on Germany.
Joint Plan UK

What's Eating Internet Security? - 1 views

www.technewsworld.com/...80734.html

shared by Joint Plan UK on 16 Jul 14 - No Cached
  • Joint Plan UK on 16 Jul 14
     
    It's a given that hackers can and do penetrate websites with laughable ease, ranging from those of retailers to those of the United States government. It certainly doesn't help the security-minded to know that the U.S. National Security Agency and other countries' spy agencies, including the UK's GCHQ and the West German intelligence agency, are tapping into online communications at will.
Paul Merrell

Guest Post: NSA Reform - The Consequences of Failure | Just Security - 0 views

justsecurity.org/...sa-reform-consequences-failure

surveillance-state NSA-reform encryption

shared by Paul Merrell on 02 Dec 14 - No Cached
  • In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.
  • The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.
  • Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.
  • ...1 more annotation...
  • The failure of the Congress and the courts to end the surveillance state, despite the repeated efforts by a huge range of political and public interest actors to effect that change through the political process, is only fueling the growing resistance movement. Federal officials understand this, which is why they are trying—desperately and in the view of some, underhandedly—to shut down this digital resistance movement. This action/reaction cycle is exactly what it appears to be: an escalating conflict between the American public and its government. Without comprehensive surveillance authority reforms (including a journalist “shield law” and ironclad whistleblower protections for Intelligence Community contractors) that are verifiable and enforceable, that conflict will only continue.
Paul Merrell

Verizon Injecting Perma-Cookies to Track Mobile Customers, Bypassing Privacy Controls |... - 0 views

www.eff.org/...verizon-x-uidh

surveillance state Verizon X-UIDH tracker

shared by Paul Merrell on 04 Nov 14 - No Cached
  • Verizon users might want to start looking for another provider. In an effort to better serve advertisers, Verizon Wireless has been silently modifying its users' web traffic on its network to inject a cookie-like tracker. This tracker, included in an HTTP header called X-UIDH, is sent to every unencrypted website a Verizon customer visits from a mobile device. It allows third-party advertisers and websites to assemble a deep, permanent profile of visitors' web browsing habits without their consent.Verizon apparently created this mechanism to expand their advertising programs, but it has privacy implications far beyond those programs. Indeed, while we're concerned about Verizon's own use of the header, we're even more worried about what it allows others to find out about Verizon users. The X-UIDH header effectively reinvents the cookie, but does so in a way that is shockingly insecure and dangerous to your privacy. Worse still, Verizon doesn't let users turn off this "feature." In fact, it functions even if you use a private browsing mode or clear your cookies. You can test whether the header is injected in your traffic by visiting lessonslearned.org/sniff or amibeingtracked.com over a cell data connection.How X-UIDH Works, and Why It's a Problem
  • To compound the problem, the header also affects more than just web browsers. Mobile apps that send HTTP requests will also have the header inserted. This means that users' behavior in apps can be correlated with their behavior on the web, which would be difficult or impossible without the header. Verizon describes this as a key benefit of using their system. But Verizon bypasses the 'Limit Ad Tracking' settings in iOS and Android that are specifically intended to limit abuse of unique identifiers by mobile apps.
  • Because the header is injected at the network level, Verizon can add it to anyone using their towers, even those who aren't Verizon customers.
  • ...1 more annotation...
  • We're also concerned that Verizon's failure to permit its users to opt out of X-UIDH may be a violation of the federal law that requires phone companies to maintain the confidentiality of their customers' data. Only two months ago, the wireline sector of Verizon's business was hit with a $7.4 million fine by the Federal Communications Commission after it was caught using its "customers' personal information for thousands of marketing campaigns without even giving them the choice to opt out." With this header, it looks like Verizon lets its customers opt out of the marketing side of the program, but not from the disclosure of their browsing habits.
Paul Merrell

BBC News - GCHQ's Robert Hannigan says tech firms 'in denial' on extremism - 0 views

www.bbc.com/uk-29891285

surveillance state GCHQ terrorists™

shared by Paul Merrell on 05 Nov 14 - No Cached
  • Web giants such as Twitter, Facebook and WhatsApp have become "command-and-control networks... for terrorists and criminals", GCHQ's new head has said. Islamic State extremists had "embraced" the web but some companies remained "in denial" over the problem, Robert Hannigan wrote in the Financial Times. He called for them to do more to co-operate with security services. However, civil liberties campaigners said the companies were already working with the intelligence agencies. None of the major tech firms has yet responded to Mr Hannigan's comments.
  • GCHQ, terrorists, and the internet: what are the issues? GCHQ v tech firms: Internet reacts Change at the top for Britain's
  • Mr Hannigan said IS had "embraced the web as a noisy channel in which to promote itself, intimidate people, and radicalise new recruits." The "security of its communications" added another challenge to agencies such as GCHQ, he said - adding that techniques for encrypting - or digitally scrambling - messages "which were once the preserve of the most sophisticated criminals or nation states now come as standard". GCHQ and its sister agencies, MI5 and the Secret Intelligence Service, could not tackle these challenges "at scale" without greater support from the private sector, including the largest US technology companies which dominate the web, he wrote.
  • Paul Merrell on 05 Nov 14
     
    What I want to know is what we're going to do with that NSA data center at Bluffdale, Utah, after the NSA is abolished? Maybe give it to the Internet Archive?
Paul Merrell

Facebook and Corporate "Friends" Threat Exchange? | nsnbc international - 0 views

nsnbc.me/...porate-friends-threat-exchange

cybersecurity alternative-media

shared by Paul Merrell on 12 Feb 15 - No Cached
  • Facebook teamed up with several corporate “friends” to adapt Facebook’s in-house software to identify cyber threats and their source with other corporations. Countering cyber threats sounds positive while there are serious questions about transparency when smaller, independent media fall victim to major corporation’s unwillingness to reveal the source of attacks resulted in websites being closed for hours or days. Transparency, yes, but for whom? Among the companies Facebook is teaming up with are Printerest, Tumblr, Twitter, Yahoo, Drpbox and Bit.ly, reports Susanne Posel at Occupy Corporatism. The stated goal of “Threat Exchange” is to locate malware, the source domains, the IP addresses which are involved as well as the nature of the malware itself.
  • While the platform may be useful for major corporations, who can afford buying the privilege to join the club, the initiative does little to nothing to protect smaller, independent media from being targeted with impunity. The development prompts the question “Cyber security for whom?” The question is especially pertinent because identifying a site as containing malware, whether it is correct or not, will result in the site being added to Google’s so-called “Safe Browsing List”.
  • An article written by nsnbc editor-in-chief Christof Lehmann entitled “Censorship Alert: The Alternative Media are getting harassed by the NSA” provides several examples which raise serious questions about the lack of transparency when independent media demand information about either real or alleged malware content on their media’s websites. An alleged malware content in a java script that had been inserted via the third-party advertising company MadAdsMedia resulted in the nsnbc website being closed down and added to Google’s Safe Browsing list. The response to nsnbc’s request to send detailed information about the alleged malware and most importantly, about the source, was rejected. MadAdsMedia’s response to a renewed request was to stop serving advertisements to nsnbc from one day to the other, stating that nsnbc could contact another company, YieldSelect, which is run by the same company. Shell Games? SiteLock, who partners with most western-based web hosting providers, including BlueHost, Hostgator and many others contacted nsnbc warning about an alleged malware threat. SiteLock refused to provide detailed information.
  • ...1 more annotation...
  • BlueHost refused to help the International Middle East Media Center (IMEMC)  during a Denial of Service DoS attack. Asked for help, BlueHost reportedly said that they should deal with the issue themselves, which was impossible without BlueHost’s cooperation. The news agency’s website was down for days because BlueHost reportedly just shut down IMEMC’s server and told the editor-in-chief, Saed Bannoura to “go somewhere else”. The question is whether “transparency” can be the privilege of major corporations or whether there is need for legislation that forces all corporations to provide detailed information that enables media and other internet users to pursue real or alleged malware threats, cyber attacks and so forth, criminally and legally. That is, also when the alleged or real threat involves major corporations.
Paul Merrell

The Great SIM Heist: How Spies Stole the Keys to the Encryption Castle - 0 views

firstlook.org/...great-sim-heist

surveillance state NSA GCHQ SIM-card-keys mobile-devices decryption

shared by Paul Merrell on 20 Feb 15 - No Cached
  • AMERICAN AND BRITISH spies hacked into the internal computer network of the largest manufacturer of SIM cards in the world, stealing encryption keys used to protect the privacy of cellphone communications across the globe, according to top-secret documents provided to The Intercept by National Security Agency whistleblower Edward Snowden. The hack was perpetrated by a joint unit consisting of operatives from the NSA and its British counterpart Government Communications Headquarters, or GCHQ. The breach, detailed in a secret 2010 GCHQ document, gave the surveillance agencies the potential to secretly monitor a large portion of the world’s cellular communications, including both voice and data. The company targeted by the intelligence agencies, Gemalto, is a multinational firm incorporated in the Netherlands that makes the chips used in mobile phones and next-generation credit cards. Among its clients are AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers around the world. The company operates in 85 countries and has more than 40 manufacturing facilities. One of its three global headquarters is in Austin, Texas and it has a large factory in Pennsylvania. In all, Gemalto produces some 2 billion SIM cards a year. Its motto is “Security to be Free.”
  • With these stolen encryption keys, intelligence agencies can monitor mobile communications without seeking or receiving approval from telecom companies and foreign governments. Possessing the keys also sidesteps the need to get a warrant or a wiretap, while leaving no trace on the wireless provider’s network that the communications were intercepted. Bulk key theft additionally enables the intelligence agencies to unlock any previously encrypted communications they had already intercepted, but did not yet have the ability to decrypt.
  • Leading privacy advocates and security experts say that the theft of encryption keys from major wireless network providers is tantamount to a thief obtaining the master ring of a building superintendent who holds the keys to every apartment. “Once you have the keys, decrypting traffic is trivial,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “The news of this key theft will send a shock wave through the security community.”
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  • According to one secret GCHQ slide, the British intelligence agency penetrated Gemalto’s internal networks, planting malware on several computers, giving GCHQ secret access. We “believe we have their entire network,” the slide’s author boasted about the operation against Gemalto. Additionally, the spy agency targeted unnamed cellular companies’ core networks, giving it access to “sales staff machines for customer information and network engineers machines for network maps.” GCHQ also claimed the ability to manipulate the billing servers of cell companies to “suppress” charges in an effort to conceal the spy agency’s secret actions against an individual’s phone. Most significantly, GCHQ also penetrated “authentication servers,” allowing it to decrypt data and voice communications between a targeted individual’s phone and his or her telecom provider’s network. A note accompanying the slide asserted that the spy agency was “very happy with the data so far and [was] working through the vast quantity of product.”
  • The U.S. and British intelligence agencies pulled off the encryption key heist in great stealth, giving them the ability to intercept and decrypt communications without alerting the wireless network provider, the foreign government or the individual user that they have been targeted. “Gaining access to a database of keys is pretty much game over for cellular encryption,” says Matthew Green, a cryptography specialist at the Johns Hopkins Information Security Institute. The massive key theft is “bad news for phone security. Really bad news.”
  • Paul Merrell on 20 Feb 15
     
    Remember all those NSA claims that no evidence of their misbehavior has emerged? That one should never take wing again. Monitoring call content without the involvement of any court? Without a warrant? Without probable cause?  Was there even any Congressional authorization?  Wiretapping unequivocally requires a judicially-approved search warrant. It's going to be very interesting to learn the government's argument for this misconduct's legality. 
Paul Merrell

Free At Last: New DMCA Rules Might Make the Web a Better Place | nsnbc international - 0 views

nsnbc.me/...ht-make-the-web-a-better-place

DMCA-exemptions auto-software VW-scandal video-games remixers

shared by Paul Merrell on 28 Oct 15 - No Cached
  • David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.
  • Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”
  • Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.
  • ...1 more annotation...
  • Another positive from the change is that smartphone users will be able to jailbreak their phone and finally enjoy running operating systems and applications from any source, not just those approved by the manufacturer. And finally, those who remix excerpts from DVDs, Blu – Ray discs or downloading services will be allowed to mix the material into theirs without violating the DMCA.
Gonzalo San Gil, PhD.

Yes, the NSA Worried About Whether Spying Would Backfire | WIRED - 1 views

www.wired.com/...-whether-spying-would-backfire

nsa worries spying citizens backfire wired

shared by Gonzalo San Gil, PhD. on 16 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 16 Nov 15
     
    ""For all the time I worked on all of these issues, this was a constant discussion," Olsen says. "How do we calibrate what we're trying to do for the country with how to protect civil liberties and privacy?""
  • Paul Merrell on 16 Nov 15
     
    NSA can't credibly claim surprise at how people reacted to the Snowden disclosures. NSA's spying on U.S. citizens was first uncovered by the Senate's Church Committee in about 1976. Congress enacted legslation unequivocally telling NSA and the Defense Department that spying on Americans was not to happen again (and that the CIA was to immediately cease spying within the territorial boundaries of the U.S.). Then came the Total Information Awareness scandal, when Congress discovered that DoD was right back at it again, this time operating from under the cover of the Defense Advanced Research Projects Agency. Congress responded by abolishing the program and eliminating the job position of its director, former Admiral John Poindexter of Iran/Contra scandal fame. But rather than complying with the abolition order, most of the TIA program's staff, hardware, software, and data was simply transferred to NSA. NSA, of course, persuaded the Justice Department to secretly reinterpret key provisions of the Patriot Act more broadly than a First Grade preschooler would allow to continue spying on U.S. citizens. Indeed, anyone whose college education included the assignment to read and discuss George Orwell's 1984 would have known that NSA's program had drastically outgrown the limits of what a free society would tolerate. So this is really about deliberate defiance of the limits established by the Constitution and Congressional enactments, not about anything even remotely legal or morally acceptable. The fact that Congress did not react strongly after the Snowden disclosures, as it had after the Church Committee's report and discovery of the TIA program raises a strong suspicion that members of Congress have been blackmailed into submission using information about them gathered via NSA surveillance. We know from whistleblowers Edward Snowden and Russell Tice that members of Congress were surveilled by NSA, yet not even that violation has been taken up by Congress. Instead
Paul Merrell

Cameron Calls June 23 EU Referendum as Cabinet Fractures - Bloomberg Business - 0 views

www.bloomberg.com/...m-on-eu-membership-for-june-23

surveillance state Apple iPhone hack FBI NSC

shared by Paul Merrell on 20 Feb 16 - No Cached
  • In a secret meeting convened by the White House around Thanksgiving, senior national security officials ordered agencies across the U.S. government to find ways to counter encryption software and gain access to the most heavily protected user data on the most secure consumer devices, including Apple Inc.’s iPhone, the marquee product of one of America’s most valuable companies, according to two people familiar with the decision.The approach was formalized in a confidential National Security Council “decision memo,” tasking government agencies with developing encryption workarounds, estimating additional budgets and identifying laws that may need to be changed to counter what FBI Director James Comey calls the “going dark” problem: investigators being unable to access the contents of encrypted data stored on mobile devices or traveling across the Internet. Details of the memo reveal that, in private, the government was honing a sharper edge to its relationship with Silicon Valley alongside more public signs of rapprochement.
  • On Tuesday, the public got its first glimpse of what those efforts may look like when a federal judge ordered Apple to create a special tool for the FBI to bypass security protections on an iPhone 5c belonging to one of the shooters in the Dec. 2 terrorist attack in San Bernardino, California that killed 14 people. Apple Chief Executive Officer Tim Cook has vowed to fight the order, calling it a “chilling” demand that Apple “hack our own users and undermine decades of security advancements that protect our customers.” The order was not a direct outcome of the memo but is in line with the broader government strategy.White House spokesman Josh Earnest said Wednesday that the Federal Bureau of Investigation and Department of Justice have the Obama administration’s “full” support in the matter. The government is “not asking Apple to redesign its product or to create a new backdoor to their products,” but rather are seeking entry “to this one device,” he said.
Paul Merrell

U.S. military closer to making cyborgs a reality - CNNPolitics.com - 0 views

edition.cnn.com/...index.html

surveillance state cyborgs

shared by Paul Merrell on 10 Mar 16 - No Cached
  • The U.S. military is spending millions on an advanced implant that would allow a human brain to communicate directly with computers.If it succeeds, cyborgs will be a reality.The Pentagon's research arm, the Defense Advanced Research Projects Agency (DARPA), hopes the implant will allow humans to directly interface with computers, which could benefit people with aural and visual disabilities, such as veterans injured in combat.The goal of the proposed implant is to "open the channel between the human brain and modern electronics" according to DARPA's program manager, Phillip Alvelda.
  • DARPA sees the implant as providing a foundation for new therapies that could help people with deficits in sight or hearing by "feeding digital auditory or visual information into the brain."A spokesman for DARPA told CNN that the program is not intended for military applications.
  • But some experts see such an implant as having the potential for numerous applications, including military ones, in the field of wearable robotics -- which aims to augment and restore human performance.Conor Walsh, a professor of mechanical and biomedical engineering at Harvard University, told CNN that the implant would "change the game," adding that "in the future, wearable robotic devices will be controlled by implants."Walsh sees the potential for wearable robotic devices or exoskeletons in everything from helping a medical patient recover from a stroke to enhancing soldiers' capabilities in combat.The U.S. military is currently developing a battery-powered exoskeleton, the Tactical Assault Light Operator Suit, to provide superior protection from enemy fire and in-helmet technologies that boost the user's communications ability and vision.The suits' development is being overseen by U.S. Special Operations Command.In theory, the proposed neural implant would allow the military member operating the suit to more effectively control the armored exoskeleton while deployed in combat.
  • ...1 more annotation...
  • In its announcement, DARPA acknowledged that an implant is still a long ways away, with breakthroughs in neuroscience, synthetic biology, low-power electronics, photonics and medical-device manufacturing needed before the device could be used.DARPA plans to recruit a diverse set of experts in an attempt to accelerate the project's development, according to its statement announcing the project.
  • Paul Merrell on 10 Mar 16
     
    Let's assume for the moment that DARPA's goal is realizable and brain implants for commuication with computers become common. How long will it take for FBI, NSA, et ilk to get legislation or a court order allowing them to conduct mass surveillance of people's brains? Not long, I suspect. 
Paul Merrell

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

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

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

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

China Just Launched the Most Frightening Game Ever - and Soon It Will Be Mandatory - 0 views

theantimedia.org/-and-soon-it-will-be-mandatory

surveillance state China Sesame-credit social-control Big-Data

shared by Paul Merrell on 24 Dec 15 - No Cached
  • As if further proof were needed Orwell’s dystopia is now upon us, China has now gamified obedience to the State. Though that is every bit as creepily terrifying as it sounds, citizens may still choose whether or not they wish to opt-in — that is, until the program becomes compulsory in 2020. “Going under the innocuous name of ‘Sesame Credit,’ China has created a score for how good a citizen you are,” explains Extra Credits’ video about the program. “The owners of China’s largest social networks have partnered with the government to create something akin to the U.S. credit score — but, instead of measuring how regularly you pay your bills, it measures how obediently you follow the party line.”
  • In the works for years, China’s ‘social credit system’ aims to create a docile, compliant citizenry who are fiscally and morally responsible by employing a game-like format to create self-imposed, group social control. In other words, China gamified peer pressure to control its citizenry; and, though the scheme hasn’t been fully implemented yet, it’s already working — insidiously well.
  • The system is run by two companies, Alibaba and Tencent, which run all the social networks in China and therefore have access to a vast amount of data about people’s social ties and activities and what they say. In addition to measuring your ability to pay, as in the United States, the scores serve as a measure of political compliance. Among the things that will hurt a citizen’s score are posting political opinions without prior permission, or posting information that the regime does not like, such as about the Tiananmen Square massacre that the government carried out to hold on to power, or the Shanghai stock market collapse. It will hurt your score not only if you do these things, but if any of your friends do them.” And, in what appears likely the goal of the entire program, added, “Imagine the social pressure against disobedience or dissent that this will create.”
  • ...1 more annotation...
  • As Creemers described to Dutch news outlet, de Volkskrant, “With the help of the latest internet technologies, the government wants to exercise individual surveillance. The Chinese aim […] is clearly an attempt to create a new citizen.”
Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

www.eff.org/...cy-zero-days-governments-grasp

surveillance state zero-day-exploits FOIA litigation

shared by Paul Merrell on 26 Jan 16 - No Cached
  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Paul Merrell

Apple could use Brooklyn case to pursue details about FBI iPhone hack: source | Reuters - 0 views

www.reuters.com/...apple-encryption-idUSKCN0WU1RF

surveillance state Apple FBI Brooklyn iPhone security

shared by Paul Merrell on 31 Mar 16 - No Cached
  • If the U.S. Department of Justice asks a New York court to force Apple Inc to unlock an iPhone, the technology company could push the government to reveal how it accessed the phone which belonged to a shooter in San Bernardino, a source familiar with the situation said.The Justice Department will disclose over the next two weeks whether it will continue with its bid to compel Apple to help access an iPhone in a Brooklyn drug case, according to a court filing on Tuesday.The Justice Department this week withdrew a similar request in California, saying it had succeeded in unlocking an iPhone used by one of the shooters involved in a rampage in San Bernardino in December without Apple's help.The legal dispute between the U.S. government and Apple has been a high-profile test of whether law enforcement should have access to encrypted phone data.
  • Apple, supported by most of the technology industry, says anything that helps authorities bypass security features will undermine security for all users. Government officials say that all kinds of criminal investigations will be crippled without access to phone data.Prosecutors have not said whether the San Bernardino technique would work for other seized iPhones, including the one at issue in Brooklyn. Should the Brooklyn case continue, Apple could pursue legal discovery that would potentially force the FBI to reveal what technique it used on the San Bernardino phone, the source said. A Justice Department representative did not have immediate comment.
Paul Merrell

Forget Apple vs. the FBI: WhatsApp Just Switched on Encryption for a Billion People | W... - 0 views

www.wired.com/...ched-encryption-billion-people

surveillance state encryption WhatsApp

shared by Paul Merrell on 07 Apr 16 - No Cached
  • For most of the past six weeks, the biggest story out of Silicon Valley was Apple’s battle with the FBI over a federal order to unlock the iPhone of a mass shooter. The company’s refusal touched off a searing debate over privacy and security in the digital age. But this morning, at a small office in Mountain View, California, three guys made the scope of that enormous debate look kinda small. Mountain View is home to WhatsApp, an online messaging service now owned by tech giant Facebook, that has grown into one of the world’s most important applications. More than a billion people trade messages, make phone calls, send photos, and swap videos using the service. This means that only Facebook itself runs a larger self-contained communications network. And today, the enigmatic founders of WhatsApp, Brian Acton and Jan Koum, together with a high-minded coder and cryptographer who goes by the pseudonym Moxie Marlinspike, revealed that the company has added end-to-end encryption to every form of communication on its service.
  • This means that if any group of people uses the latest version of WhatsApp—whether that group spans two people or ten—the service will encrypt all messages, phone calls, photos, and videos moving among them. And that’s true on any phone that runs the app, from iPhones to Android phones to Windows phones to old school Nokia flip phones. With end-to-end encryption in place, not even WhatsApp’s employees can read the data that’s sent across its network. In other words, WhatsApp has no way of complying with a court order demanding access to the content of any message, phone call, photo, or video traveling through its service. Like Apple, WhatsApp is, in practice, stonewalling the federal government, but it’s doing so on a larger front—one that spans roughly a billion devices.
  • The FBI and the Justice Department declined to comment for this story. But many inside the government and out are sure to take issue with the company’s move. In late 2014, WhatsApp encrypted a portion of its network. In the months since, its service has apparently been used to facilitate criminal acts, including the terrorist attacks on Paris last year. According to The New York Times, as recently as this month, the Justice Department was considering a court case against the company after a wiretap order (still under seal) ran into WhatsApp’s end-to-end encryption. “The government doesn’t want to stop encryption,” says Joseph DeMarco, a former federal prosecutor who specializes in cybercrime and has represented various law enforcement agencies backing the Justice Department and the FBI in their battle with Apple. “But the question is: what do you do when a company creates an encryption system that makes it impossible for court-authorized search warrants to be executed? What is the reasonable level of assistance you should ask from that company?”
Paul Merrell

Will Trump Sanction China's Use of Facial Recognition Software? - Lawfare - 0 views

www.lawfareblog.com/se-facial-recognition-software

surveillance state facial-recognition China hypocrisy

shared by Paul Merrell on 15 Sep 18 - No Cached
  • Chinese human rights practices are in the news again. The White House is reportedly weighing sanctions against Chinese officials and companies that are engaged in or facilitating the mass surveillance and detention of Uighurs in the Xinjiang Uighur Autonomous Region (XUAR).  Over the past several months, it has become increasingly clear that the Chinese government is conducting widespread efforts to “re-educate” its largely-Muslim Uighur population in XUAR and impose strict controls over that population’s movements and actions, including through the extensive use of facial recognition software (FRS). And now the Trump Administration, which to date has not focused on other states’ human rights practices, seems to have concluded that China’s actions are worthy of condemnation. Though the administration should not be overly sanguine about the effectiveness of making it harder for a few companies to provide FRS to the Chinese government, there is value in putting down a marker that using FRS this way is not acceptable.
  • Paul Merrell on 15 Sep 18
     
    But it's somehow okay for the U.S. to do the same with its own population?
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