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Gonzalo San Gil, PhD.

The EU Must Stop Hungarian Net Censorship | La Quadrature du Net - 1 views

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    [ La Quadrature du Net joins the blackout operation launched by Hungarian civil rights activists who oppose the newly enacted media law. Everybody is invited to join the blackout and contact their representatives to oppose any kind of censorship in the European Union. This law imposes a stringent regulation of printed, audiovisual and online media which severely undermines the democratic foundations of the Hungarian republic. Today, La Quadrature also sent a letter to the European Commission and the President of the EU Parliament to ask them to take concrete steps to protect freedom of expression in Hungary1. ...]
Paul Merrell

Comcast asks the FCC to prohibit states from enforcing net neutrality | Ars Technica - 0 views

  • Comcast met with Federal Communications Commission Chairman Ajit Pai's staff this week in an attempt to prevent states from issuing net neutrality rules. As the FCC prepares to gut its net neutrality rules, broadband providers are worried that states might enact their own laws to prevent ISPs from blocking, throttling, or discriminating against online content.
  • Comcast Senior VP Frank Buono and a Comcast attorney met with Pai Chief of Staff Matthew Berry and Senior Counsel Nicholas Degani on Monday, the company said in an ex parte filing that describes the meeting. Comcast urged Pai's staff to reverse the FCC's classification of broadband as a Title II common carrier service, a move that would eliminate the legal authority the FCC uses to enforce net neutrality rules. Pai has said he intends to do just that, so Comcast will likely get its wish on that point. But Comcast also wants the FCC to go further by making a declaration that states cannot impose their own regulations on broadband. The filing said: We also emphasized that the Commission's order in this proceeding should include a clear, affirmative ruling that expressly confirms the primacy of federal law with respect to BIAS [Broadband Internet Access Service] as an interstate information service, and that preempts state and local efforts to regulate BIAS either directly or indirectly.
Paul Merrell

Dept. of Justice Accuses Google of Illegally Protecting Monopoly - The New York Times - 1 views

  • The Justice Department accused Google on Tuesday of illegally protecting its monopoly over search and search advertising, the government’s most significant challenge to a tech company’s market power in a generation and one that could reshape the way consumers use the internet.In a much-anticipated lawsuit, the agency accused Google of locking up deals with giant partners like Apple and throttling competition through exclusive business contracts and agreements.Google’s deals with Apple, mobile carriers and other handset makers to make its search engine the default option for users accounted for most of its dominant market share in search, the agency said, a figure that it put at around 80 percent.“For many years,” the agency said in its 57-page complaint, “Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising and general search text advertising — the cornerstones of its empire.”The lawsuit, which may stretch on for years, could set off a cascade of other antitrust lawsuits from state attorneys general. About four dozen states and jurisdictions, including New York and Texas, have conducted parallel investigations and some of them are expected to bring separate complaints against the company’s grip on technology for online advertising. Eleven state attorneys general, all Republicans, signed on to support the federal lawsuit.
  • The Justice Department did not immediately put forward remedies, such as selling off parts of the company or unwinding business contracts, in the lawsuit. Such actions are typically pursued in later stages of a case.Ryan Shores, an associate deputy attorney general, said “nothing is off the table” in terms of remedies.
  • Democratic lawmakers on the House Judiciary Committee released a sprawling report on the tech giants two weeks ago, also accusing Google of controlling a monopoly over online search and the ads that come up when users enter a query.
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  • Google last faced serious scrutiny from an American antitrust regulator nearly a decade ago, when the Federal Trade Commission investigated whether it had abused its power over the search market. The agency’s staff recommended bringing charges against the company, according to a memo reported on by The Wall Street Journal. But the agency’s five commissioners voted in 2013 not to bring a case.Other governments have been more aggressive toward the big tech companies. The European Union has brought three antitrust cases against Google in recent years, focused on its search engine, advertising business and Android mobile operating system. Regulators in Britain and Australia are examining the digital advertising market, in inquiries that could ultimately implicate the company.“It’s the most newsworthy monopolization action brought by the government since the Microsoft case in the late ’90s,” said Bill Baer, a former chief of the Justice Department’s antitrust division. “It’s significant in that the government believes that a highly successful tech platform has engaged in conduct that maintains its monopoly power unlawfully, and as a result injures consumers and competition.”
Paul Merrell

Four Attorneys General Sue Google Over Privacy Claims - The New York Times - 0 views

  • Three states and the District of Columbia allege that the tech giant misled consumers by continuing to track those who had changed their privacy settings to prevent data collection.
  • Google is also fighting an antitrust lawsuit led by Texas in which states have accused the company of obtaining and abusing a monopoly over the systems that allow publishers to auction off ad space to marketers. On Friday, Google asked a federal court to dismiss the lawsuit.The lawsuits add to a mounting offensive by regulators to curtail the power and business practices of Silicon Valley giants like Google, Facebook, Amazon and Apple. State and federal regulators have filed dozens of antitrust, consumer protection, privacy and trade lawsuits in an attempt to curb the business models or break up the companies. A Senate committee last week advanced potentially landmark antitrust legislation that tries to weaken the dominance of the internet giants.
Paul Merrell

Prepare to Hang Up the Phone, Forever - WSJ.com - 0 views

  • At decade's end, the trusty landline telephone could be nothing more than a memory. Telecom giants AT&T T +0.31% AT&T Inc. U.S.: NYSE $35.07 +0.11 +0.31% March 28, 2014 4:00 pm Volume (Delayed 15m) : 24.66M AFTER HOURS $35.03 -0.04 -0.11% March 28, 2014 7:31 pm Volume (Delayed 15m): 85,446 P/E Ratio 10.28 Market Cap $182.60 Billion Dividend Yield 5.25% Rev. per Employee $529,844 03/29/14 Prepare to Hang Up the Phone, ... 03/21/14 AT&T Criticizes Netflix's 'Arr... 03/21/14 Samsung's Galaxy S5 Smartphone... More quote details and news » T in Your Value Your Change Short position and Verizon Communications VZ -0.57% Verizon Communications Inc. U.S.: NYSE $47.42 -0.27 -0.57% March 28, 2014 4:01 pm Volume (Delayed 15m) : 24.13M AFTER HOURS $47.47 +0.05 +0.11% March 28, 2014 7:59 pm Volume (Delayed 15m): 1.57M
  • The two providers want to lay the crumbling POTS to rest and replace it with Internet Protocol-based systems that use the same wired and wireless broadband networks that bring Web access, cable programming and, yes, even your telephone service, into your homes. You may think you have a traditional landline because your home phone plugs into a jack, but if you have bundled your phone with Internet and cable services, you're making calls over an IP network, not twisted copper wires. California, Florida, Texas, Georgia, North Carolina, Wisconsin and Ohio are among states that agree telecom resources would be better redirected into modern telephone technologies and innovations, and will kill copper-based technologies in the next three years or so. Kentucky and Colorado are weighing similar laws, which force people to go wireless whether they want to or not. In Mantoloking, N.J., Verizon wants to replace the landline system, which Hurricane Sandy wiped out, with its wireless Voice Link. That would make it the first entire town to go landline-less, a move that isn't sitting well with all residents.
  • New Jersey's legislature, worried about losing data applications such as credit-card processing and alarm systems that wireless systems can't handle, wants a one-year moratorium to block that switch. It will vote on the measure this month. (Verizon tried a similar change in Fire Island, N.Y., when its copper lines were destroyed, but public opposition persuaded Verizon to install fiber-optic cable.) It's no surprise that landlines are unfashionable, considering many of us already have or are preparing to ditch them. More than 38% of adults and 45.5% of children live in households without a landline telephone, says the Centers for Disease Control and Prevention. That means two in every five U.S. homes, or 39%, are wireless, up from 26.6% three years ago. Moreover, a scant 8.5% of households relied only on a landline, while 2% were phoneless in 2013. Metropolitan residents have few worries about the end of landlines. High-speed wire and wireless services are abundant and work well, despite occasional dropped calls. Those living in rural areas, where cell towers are few and 4G capability limited, face different issues.
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  • Safety is one of them. Call 911 from a landline and the emergency operator pinpoints your exact address, down to the apartment number. Wireless phones lack those specifics, and even with GPS navigation aren't as precise. Matters are worse in rural and even suburban areas that signals don't reach, sometimes because they're blocked by buildings or the landscape. That's of concern to the Federal Communications Commission, which oversees all forms of U.S. communications services. Universal access is a tenet of its mission, and, despite the state-by-state degradation of the mandate, it's unwilling to let telecom companies simply drop geographically undesirable customers. Telecom firms need FCC approval to ax services completely, and can't do so unless there is a viable competitor to pick up the slack. Last year AT&T asked to turn off its legacy network, which could create gaps in universal coverage and will force people off the grid to get a wireless provider.
  • AT&T and the FCC will soon begin trials to explore life without copper-wired landlines. Consumers will voluntarily test IP-connected networks and their impact on towns like Carbon Hills, Ala., population 2,071. They want to know how households will reach 911, how small businesses will connect to customers, how people with medical-monitoring devices or home alarms know they will always be connected to a reliable network, and what the costs are. "We cannot be a nation of opportunity without networks of opportunity," said FCC Chairman Tom Wheeler in unveiling the plan. "This pilot program will help us learn how fiber might be deployed where it is not now deployed…and how new forms of wireless can reach deep into the interior of rural America."
Paul Merrell

The Senate has its own insincere net neutrality bill - 0 views

  • 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.
Paul Merrell

Assange Keeps Warning Of AI Censorship, And It's Time We Started Listening - 0 views

  • Where power is not overtly totalitarian, wealthy elites have bought up all media, first in print, then radio, then television, and used it to advance narratives that are favorable to their interests. Not until humanity gained widespread access to the internet has our species had the ability to freely and easily share ideas and information on a large scale without regulation by the iron-fisted grip of power. This newfound ability arguably had a direct impact on the election for the most powerful elected office in the most powerful government in the world in 2016, as a leak publishing outlet combined with alternative and social media enabled ordinary Americans to tell one another their own stories about what they thought was going on in their country.This newly democratized narrative-generating power of the masses gave those in power an immense fright, and they’ve been working to restore the old order of power controlling information ever since. And the editor-in-chief of the aforementioned leak publishing outlet, WikiLeaks, has been repeatedly trying to warn us about this coming development.
  • In a statement that was recently read during the “Organising Resistance to Internet Censorship” webinar, sponsored by the World Socialist Web Site, Assange warned of how “digital super states” like Facebook and Google have been working to “re-establish discourse control”, giving authority over how ideas and information are shared back to those in power.Assange went on to say that the manipulative attempts of world power structures to regain control of discourse in the information age has been “operating at a scale, speed, and increasingly at a subtlety, that appears likely to eclipse human counter-measures.”What this means is that using increasingly more advanced forms of artificial intelligence, power structures are becoming more and more capable of controlling the ideas and information that people are able to access and share with one another, hide information which goes against the interests of those power structures and elevate narratives which support those interests, all of course while maintaining the illusion of freedom and lively debate.
  • To be clear, this is already happening. Due to a recent shift in Google’s “evaluation methods”, traffic to left-leaning and anti-establishment websites has plummeted, with sites like WikiLeaks, Alternet, Counterpunch, Global Research, Consortium News, Truthout, and WSWS losing up to 70 percent of the views they were getting prior to the changes. Powerful billionaire oligarchs Pierre Omidyar and George Soros are openly financing the development of “an automated fact-checking system” (AI) to hide “fake news” from the public.
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  • To make matters even worse, there’s no way to know the exact extent to which this is going on, because we know that we can absolutely count on the digital super states in question to lie about it. In the lead-up to the 2016 election, Twitter CEO Jack Dorsey was asked point-blank if Twitter was obstructing the #DNCLeaks from trending, a hashtag people were using to build awareness of the DNC emails which had just been published by WikiLeaks, and Dorsey flatly denied it. More than a year later, we learned from a prepared testimony before the Senate Subcommittee on Crime and Terrorism by Twitter’s acting general counsel Sean J. Edgett that this was completely false and Twitter had indeed been doing exactly that to protect the interests of US political structures by sheltering the public from information allegedly gathered by Russian hackers.
  • Imagine going back to a world like the Middle Ages where you only knew the things your king wanted you to know, except you could still watch innocuous kitten videos on Youtube. That appears to be where we may be headed, and if that happens the possibility of any populist movement arising to hold power to account may be effectively locked out from the realm of possibility forever.To claim that these powerful new media corporations are just private companies practicing their freedom to determine what happens on their property is to bury your head in the sand and ignore the extent to which these digital super states are already inextricably interwoven with existing power structures. In a corporatist system of government, which America unquestionably has, corporate censorship is government censorship, of an even more pernicious strain than if Jeff Sessions were touring the country burning books. The more advanced artificial intelligence becomes, the more adept these power structures will become at manipulating us. Time to start paying very close attention to this.
Paul Merrell

UK Government Approves Net Censorship - British Free Speech Dies | Zero Hedge - 0 views

  • The United Kingdom has become the first Western nation to move ahead with large-scale censorship of the internet, effectively creating regulation that will limit freedom on the last frontier of digital liberty. In a move that has the nation reeling, Prime Minister Boris Johnson has unveiled rules that will punish internet companies with fines, and even imprisonment, if they fail to protect users from “harmful and illegal content.”
  • Couched in language that suggests this is being done to protect children from pedophiles and vulnerable people from cyberbullying, the proposals will place a massive burden on small companies. Further, they will ultimately make it impossible for those not of the pervasive politically correct ideology to produce and share content.
Paul Merrell

India begins to embrace digital privacy. - 0 views

  • India is the world’s largest democracy and is home to 13.5 percent of the world’s internet users. So the Indian Supreme Court’s August ruling that privacy is a fundamental, constitutional right for all of the country’s 1.32 billion citizens was momentous. But now, close to three months later, it’s still unclear exactly how the decision will be implemented. Will it change everything for internet users? Or will the status quo remain? The most immediate consequence of the ruling is that tech companies such as Facebook, Twitter, Google, and Alibaba will be required to rein in their collection, utilization, and sharing of Indian user data. But the changes could go well beyond technology. If implemented properly, the decision could affect national politics, business, free speech, and society. It could encourage the country to continue to make large strides toward increased corporate and governmental transparency, stronger consumer confidence, and the establishment and growth of the Indian “individual” as opposed to the Indian collective identity. But that’s a pretty big if. Advertisement The privacy debate in India was in many ways sparked by a controversy that has shaken up the landscape of national politics for several months. It began in 2016 as a debate around a social security program that requires participating citizens to obtain biometric, or Aadhaar, cards. Each card has a unique 12-digit number and records an individual’s fingerprints and irises in order to confirm his or her identity. The program was devised to increase the ease with which citizens could receive social benefits and avoid instances of fraud. Over time, Aadhaar cards have become mandatory for integral tasks such as opening bank accounts, buying and selling property, and filing tax returns, much to the chagrin of citizens who are uncomfortable about handing over their personal data. Before the ruling, India had weak privacy protections in place, enabling unchecked data collection on citizens by private companies and the government. Over the past year, a number of large-scale data leaks and breaches that have impacted major Indian corporations, as well as the Aadhaar program itself, have prompted users to start asking questions about the security and uses of their personal data.
  • n order to bolster the ruling the government will also be introducing a set of data protection laws that are to be developed by a committee led by retired Supreme Court judge B.N. Srikrishna. The committee will study the data protection landscape, develop a draft Data Protection Bill, and identify how, and whether, the Aadhaar Act should be amended based on the privacy ruling.
  • Should the data protection laws be implemented in an enforceable manner, the ruling will significantly impact the business landscape in India. Since the election of Prime Minister Narendra Modi in May 2014, the government has made fostering and expanding the technology and startup sector a top priority. The startup scene has grown, giving rise to several promising e-commerce companies, but in 2014, only 12 percent of India’s internet users were online consumers. If the new data protection laws are truly impactful, companies will have to accept responsibility for collecting, utilizing, and protecting user data safely and fairly. Users would also have a stronger form of redress when their newly recognized rights are violated, which could transform how they engage with technology. This has the potential to not only increase consumer confidence but revitalize the Indian business sector, as it makes it more amenable and friendly to outside investors, users, and collaborators.
Paul Merrell

US judge slams surveillance requests as "repugnant to the Fourth Amendment" - World Soc... - 0 views

  • Federal Magistrate Judge John M. Facciola denied a US government request earlier this month for a search and seizure warrant, targeting electronic data stored on Apple Inc. property. Facciola’s order, issued on March 7, 2014, rejected what it described as only the latest in a series of “overbroad search and seizure requests,” and “unconstitutional warrant applications” submitted by the US government to the US District Court for the District of Columbia. Facciola referred to the virtually unlimited warrant request submitted by the Justice Department as “repugnant to the Fourth Amendment.” The surveillance request sought information in relation to a “kickback investigation” of a defense contractor, details about which remain secret. It is significant, however, that the surveillance request denied by Facciola relates to a criminal investigation, unrelated to terrorism. This demonstrates that the use by the Obama administration of blanket warrants enabling them to seize all information on a person's Internet accounts is not limited to terrorism, as is frequently claimed, but is part of a program of general mass illegal spying on the American people.
  • Facciola’s ruling states in no uncertain terms that the Obama administration has aggressively and repeatedly sought expansive, unconstitutional warrants, ignoring the court’s insistence for specific, narrowly targeted surveillance requests. “The government continues to submit overly broad warrants and makes no effort to balance the law enforcement interest against the obvious expectation of privacy email account holders have in their communications…The government continues to ask for all electronically stored information in email accounts, irrespective of the relevance to the investigation,” wrote Judge Facciola. As stated in the ruling, the surveillance requests submitted to the court by the US government sought the following comprehensive, virtually limitless list of information about the target: “All records or other information stored by an individual using each account, including address books, contact and buddy lists, pictures, and files… All records or other information regarding the identification of the accounts, to include full name, physical address, telephone numbers and other identifies, records of session times and durations, the date on which each account was created, the length of service, the types of service utilized, the Internet Protocol (IP) address used to register each account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means of payment (including any credit or bank account number).”
  • Responding to these all-encompassing warrant requests, Judge Facciola ruled that evidence of probable cause was necessary for each specific item sought by the government. “This Court is increasingly concerned about the government’s applications for search warrants for electronic data. In essence, its applications ask for the entire universe of information tied to a particular account, even if it has established probable cause only for certain information,” Facciola wrote. “It is the Court’s duty to reject any applications for search warrants where the standard of probable cause has not been met… To follow the dictates of the Fourth Amendment and to avoid issuing a general warrant, a court must be careful to ensure that probable cause exists to seize each item specified in the warrant application… Any search of an electronic source has the potential to unearth tens or hundreds of thousands of individual documents, pictures, movies, or other constitutionally protected content.” Facciola also noted in the ruling that the government never reported the length of time it would keep the data, or whether it planned to destroy the data at any point.
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  • Facciola’s ruling represents a reversal from a previous ruling, in which a Kansas judge allowed the government to conduct such unlimited searches of Yahoo accounts.
  • In testimony, De and his deputy Brad Wiegmann rejected the privacy board’s advice that the agency limit its data mining to specific targets approved by specific warrants. “If you have to go back to court every time you look at the information in your custody, you can imagine that would be quite burdensome,” said Wiegmann. De further said on the topic, “That information is at the government’s disposal to review in the first instance.” As these statements indicate, the intelligence establishment rejects any restrictions on their prerogative to spy on every aspect of citizens lives at will, even the entirely cosmetic regulations proposed by the Obama administration-appointed PCLOB.
Paul Merrell

How Secret Partners Expand NSA's Surveillance Dragnet - The Intercept - 0 views

  • Huge volumes of private emails, phone calls, and internet chats are being intercepted by the National Security Agency with the secret cooperation of more foreign governments than previously known, according to newly disclosed documents from whistleblower Edward Snowden. The classified files, revealed today by the Danish newspaper Dagbladet Information in a reporting collaboration with The Intercept, shed light on how the NSA’s surveillance of global communications has expanded under a clandestine program, known as RAMPART-A, that depends on the participation of a growing network of intelligence agencies.
  • It has already been widely reported that the NSA works closely with eavesdropping agencies in the United Kingdom, Canada, New Zealand, and Australia as part of the so-called Five Eyes surveillance alliance. But the latest Snowden documents show that a number of other countries, described by the NSA as “third-party partners,” are playing an increasingly important role – by secretly allowing the NSA to install surveillance equipment on their fiber-optic cables. The NSA documents state that under RAMPART-A, foreign partners “provide access to cables and host U.S. equipment.” This allows the agency to covertly tap into “congestion points around the world” where it says it can intercept the content of phone calls, faxes, e-mails, internet chats, data from virtual private networks, and calls made using Voice over IP software like Skype.
  • The secret documents reveal that the NSA has set up at least 13 RAMPART-A sites, nine of which were active in 2013. Three of the largest – codenamed AZUREPHOENIX, SPINNERET and MOONLIGHTPATH – mine data from some 70 different cables or networks. The precise geographic locations of the sites and the countries cooperating with the program are among the most carefully guarded of the NSA’s secrets, and these details are not contained in the Snowden files. However, the documents point towards some of the countries involved – Denmark and Germany among them. An NSA memo prepared for a 2012 meeting between the then-NSA director, Gen. Keith Alexander, and his Danish counterpart noted that the NSA had a longstanding partnership with the country’s intelligence service on a special “cable access” program. Another document, dated from 2013 and first published by Der Spiegel on Wednesday, describes a German cable access point under a program that was operated by the NSA, the German intelligence service BND, and an unnamed third partner.
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  • The program, which the secret files show cost U.S. taxpayers about $170 million between 2011 and 2013, sweeps up a vast amount of communications at lightning speed. According to the intelligence community’s classified “Black Budget” for 2013, RAMPART-A enables the NSA to tap into three terabits of data every second as the data flows across the compromised cables – the equivalent of being able to download about 5,400 uncompressed high-definition movies every minute. In an emailed statement, the NSA declined to comment on the RAMPART-A program. “The fact that the U.S. government works with other nations, under specific and regulated conditions, mutually strengthens the security of all,” said NSA spokeswoman Vanee’ Vines. “NSA’s efforts are focused on ensuring the protection of the national security of the United States, its citizens, and our allies through the pursuit of valid foreign intelligence targets only.”
  • The Danish and German operations appear to be associated with RAMPART-A because it is the only NSA cable-access initiative that depends on the cooperation of third-party partners. Other NSA operations tap cables without the consent or knowledge of the countries that host the cables, or are operated from within the United States with the assistance of American telecommunications companies that have international links. One secret NSA document notes that most of the RAMPART-A projects are operated by the partners “under the cover of an overt comsat effort,” suggesting that the tapping of the fiber-optic cables takes place at Cold War-era eavesdropping stations in the host countries, usually identifiable by their large white satellite dishes and radomes. A shortlist of other countries potentially involved in the RAMPART-A operation is contained in the Snowden archive. A classified presentation dated 2013, published recently in Intercept editor Glenn Greenwald’s book No Place To Hide, revealed that the NSA had top-secret spying agreements with 33 third-party countries, including Denmark, Germany, and 15 other European Union member states:
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    Don't miss the slide with the names of the NSA-partner nations. Lots of E.U. member nations.
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    Very good info. Lucky me I came across your site by accident (stumbleupon). I have saved it for later. I Hate NSA's Surveilances. http://watchlive.us/movie/watch-Venus-in-Fur-online.html Howdy! I could have sworn I've visited this website before but after looking at many of the articles I realized it's new to me. Nonetheless, I'm certainly pleased I found it and I'll be book-marking it and checking back often. <
Gonzalo San Gil, PhD.

Hollywood Seeks Net Neutrality Exceptions to Block Pirates | TorrentFreak [note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! That is: Hollywood imposing local (unfair) laws # ! worldwide. It's sad that a bunch of 'unscrupulous showmen' # ! were able to twist Interntional regulations... # ! just for '#Their' own sake.
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    [ Andy on April 13, 2015 C: 0 Breaking The Motion Picture Association has written to Brazil's Justice Minister seeking exceptions to the country's fledgling "Internet Constitution". In a submission to the government the MPA says that the Marco Civil's current wording on net neutrality deprives courts of the opportunity to order the blocking of 'pirate' sites. ...]
Paul Merrell

NSA Spying Inspires ProtonMail 'End-to-End' Encrypted Email Service | NDTV Gadgets - 0 views

  • ne new email service promising "end-to-end" encryption launched on Friday, and others are being developed while major services such as Google Gmail and Yahoo Mail have stepped up security measures.A major catalyst for email encryption were revelations about widespread online surveillance in documents leaked by Edward Snowden, the former National Security Agency contractor."A lot of people were upset with those revelations, and that coalesced into this effort," said Jason Stockman, a co-developer of ProtonMail, a new encrypted email service which launched Friday with collaboration of scientists from Harvard, the Massachusetts Institute of Technology and the European research lab CERN.Stockman said ProtonMail aims to be as user-friendly as the major commercial services, but with extra security, and with its servers located in Switzerland to make it more difficult for US law enforcement to access.
  • "Our vision is to make encryption and privacy mainstream by making it easy to use," Stockman told AFP. "There's no installation. Everything happens behind the scenes automatically."Even though email encryption using special codes or keys, a system known as PGP, has been around for two decades, "it was so complicated," and did not gain widespread adoption, Stockman said.After testing over the past few months, ProtonMail went public Friday using a "freemium" model a basic account will be free with some added features for a paid account.
  • As our users from China, Iran, Russia, and other countries around the world have shown us in the past months, ProtonMail is an important tool for freedom of speech and we are happy to finally be able to provide this to the whole world," the company said in a blog post.Google and Yahoo recently announced efforts to encrypt their email communications, but some specialists say the effort falls short."These big companies don't want to encrypt your stuff because they spy on you, too," said Bruce Schneier, a well-known cryptographer and author who is chief technology officer for CO3 Systems."Hopefully, the NSA debate is creating incentives for people to build more encryption."Stockman said that with services like Gmail, even if data is encrypted, "they have the key right next to it if you have the key and lock next to each other, so it's pretty much useless."
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  • By locating in Switzerland, ProtonMail hopes to avoid the legal woes of services like Lavabit widely believed to be used by Snowden which shut down rather than hand over data to the US government, and which now faces a contempt of court order.Even if a Swiss court ordered data to be turned over, Stockman said, "we would hand over piles of encrypted data. We don't have a key. We never see the password."
  • Lavabit founder Ladar Levison meanwhile hopes to launch a new service with other developers in a coalition known as the "Dark Mail Alliance."Levison told AFP he hopes to have a new encrypted email system in testing within a few months and widely available later this year."The goal is to make it ubiquitous, so people don't have to turn it on," he said.But he added that the technical hurdles are formidable, because the more user-friendly the system becomes, "the more susceptible it is to a sophisticated attacker with fake or spoofed key information."Levison said he hopes Dark Mail will become a new open standard that can be adopted by other email services.
  • on Callas, a cryptographer who developed the PGP standard and later co-founded the secure communications firm Silent Circle, cited challenges in making a system that is both secure and ubiquitous."If you are a bank you have to have an email system that complies with banking regulations," Callas told AFP, which could allow, for example, certain emails to be subject to regulatory or court review."Many of the services on the Internet started with zero security. We want to start with a system that is totally secure and let people dial it down."The new email system would complement Silent Circle's existing secure messaging system and encrypted mobile phone, which was launched earlier this year."If we start competing for customers on the basis of maximum privacy, that's good for everybody," Callas said.
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    They're already so swamped that you have to reserve your user name and wait for an invite. They say they have to add servers. Web site is at https://protonmail.ch/ "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones. It's as simple as visiting our site and logging in. There are no plugins or apps to install - simply use your favorite web browser." "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones.
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
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  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of &nbsp;the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
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    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
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    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Paul Merrell

Microsoft Loses E.U. Antitrust Case - washingtonpost.com - 0 views

  • It ordered the software giant to untie the browser from its operating system in the 27-nation E.U.
  • The commission's investigation into Microsoft's Web-surfing software began a year ago, after the Norwegian browser-maker Opera Software filed a complaint. Opera argued that Microsoft hurt competitors not only by bundling the software, in effect giving away the browser, but also by not following accepted Web standards. That meant programmers who built Web pages would have to tweak their codes for different browsers. In many cases, they simply designed pages that worked with market-leading Internet Explorer but showed up garbled on competing browsers.
  • At the time of the complaint, Opera said it was asking E.U. regulators to either force Microsoft to market a version of Windows without the browser, or to include other browsers with Windows.
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    The Post too says that DG Competition ordered the unbundling of MSIE from Windows. But again no attribution for the statement. They also leave the impression that Opera's complaint regarding the undermining of open web standards was upheld, something not stated in either the Microsoft or DG Competition announcements. So the questions of the day are: [i] did the Commission order the unbundling of MSIE from Windows; and [ii] did the Commission also rule on the undermining of open web standards. The latter question could be of critical importance in the still ongoing proceeding regarding the ECIS complaint in regard to the undermining of ODF by Microsoft pushing OOXML.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people —&nbsp;without any judicial review whatsoever —&nbsp;simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply —&nbsp;but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was —&nbsp;finally —&nbsp;to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
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  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment —&nbsp;ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional&nbsp;— not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof —&nbsp;not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review&nbsp;— just like warrants —&nbsp;and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

NAS Report: A New Light in the Debate over Government Access to Encrypted Content - Law... - 0 views

  • The encryption debate dates back to Clinton administration proposals for the “clipper chip” and mandatory deposit of decryption keys. But that debate reached new prominence in connection with the FBI’s efforts to compel Apple to decrypt the phone of a dead terrorist in the San Bernardino case. A new study by the National Academies of Sciences, Engineering, and Medicine tries to shed some light, and turn down the heat, in the debate over whether government agencies should be provided access to plaintext versions of encrypted communications and other data. FBI and other law enforcement officials, and some intelligence officials, have argued that in the face of widespread encryption provided by smart phones, messaging apps, and other devices and software, the internet is “going dark.” These officials warn that encryption is restricting their access to information needed for criminal and national security investigations, arguing that they need a reliable, timely and scalable way to access it. Critics have raised legal and practical objections that regulations to ensure government access would pose unacceptable risks to privacy and civil liberties and undermine computer security in the face of rising cyber threats, and may be less necessary given the wider availability of data and alternative means of obtaining access to encrypted data. As the encryption debate has become increasingly polarized with participants on all sides making sweeping, sometimes absolutist, assertions, the new National Academies’ report doesn’t purport to tell anyone what to do, but rather provides a primer on the relevant issues.
Paul Merrell

Senate votes to overturn Ajit Pai's net neutrality repeal | Ars Technica - 0 views

  • The US Senate today voted to reverse the Federal Communications Commission's repeal of net neutrality rules, with all members of the Democratic caucus and three Republicans voting in favor of net neutrality. The Senate approved a Congressional Review Act (CRA) resolution that would simply undo the FCC's December 2017 vote to deregulate the broadband industry. If the CRA is approved by the House and signed by President Trump, Internet service providers would have to continue following rules that prohibit blocking, throttling, and paid prioritization.
  • Democrats face much longer odds in the House, where Republicans hold a 236-193 majority. Republicans have a slim majority in the Senate, but Sen. Susan Collins (R-Maine), Sen. John Kennedy (R-La.), and Sen. Lisa Murkowski (R-Alaska) broke ranks in order to support net neutrality and common carrier regulation of broadband providers. The vote was 52-47.
Paul Merrell

Google to Stop Selling Ads Based on Your Specific Web Browsing - WSJ - 2 views

  • Google plans to stop selling ads based on individuals’ browsing across multiple websites, a change that could hasten upheaval in the digital advertising industry. The Alphabet Inc. company said Wednesday that it plans next year to stop using or investing in tracking technologies that uniquely identify web users as they move from site to site across the internet. The decision, coming from the world’s biggest digital advertising company, could help push the industry away from the use of such individualized tracking, which has come under increasing criticism from privacy advocates and faces scrutiny from regulators. Google’s heft means the change could reshape the digital ad business, where many companies rely on tracking individuals to target their ads, measure the ads’ effectiveness and stop fraud. Google accounted for 52% of last year’s global digital ad spending of $292 billion, according to Jounce Media, a digital ad consultancy.
Paul Merrell

Keller Lenkner & Quinn Emanuel File Antitrust Class-Action Lawsuit Against Facebook - 1 views

  • National plaintiffs’ law firm Keller Lenkner LLC and global business litigation firm Quinn Emanuel Urquhart &amp; Sullivan, LLP filed a class-action lawsuit against Facebook, Inc. alleging violations of federal antitrust laws and California law on behalf of Facebook users.ADVERTISEMENTFiled in the U.S. District Court for the Northern District of California, the complaint alleges that Facebook obtained and maintained a social network and social media monopoly by consistently deceiving consumers about the data-privacy protections it provided to users, and by exploiting the data it extracted from users to target smaller startup companies for destruction or acquisition.The lawsuit seeks to put an end to Facebook’s misrepresentations about its privacy practices and its anticompetitive acquisition conduct; to require Facebook to engage in third-party auditing of its conduct; and to require Facebook to divest assets, such as Instagram and WhatsApp, that entrench its market power.
  • According to the complaint, which was filed on behalf of named plaintiffs Sarah Grabert and Maximilian Klein, Facebook did not achieve its Big Tech monopoly through innovation or vigorous competition. Despite its public pledge to protect user privacy, Facebook lied to users and violated their trust in a scheme to build a technology empire. Facebook also acquired technology from smaller firms that it used to track consumer activity across the internet so that it could identify and target competitors.ADVERTISEMENTThe complaint further alleges that in a strategic, intentional ploy for market domination, Facebook engaged in its scheme to destroy all competition without a care for the ultimate harm it would inflict on consumers. By the time Facebook’s deception about its lackluster privacy protections became public knowledge, Facebook had already achieved dominance, making it difficult for any firm to challenge its social media and social network monopoly.
  • The complaint notes that Facebook derives enormous economic value from the data it harvests from consumers on its platform. In fact, Facebook itself has described how it generates massive earnings per user from the data it collects. The complaint details how Facebook’s destruction of competition has caused consumers substantial economic injury. Consumers who sign up for Facebook agree to give up their valuable data and attention in exchange for using Facebook’s platform. That information and attention is then sold in measurable units to advertisers in exchange for money. The complaint alleges that consumers were harmed by Facebook’s anticompetitive conduct, as they did not receive the benefit of their bargain with Facebook.The lawsuit includes claims for violations of federal antitrust laws and California common law. It also seeks an order enjoining Facebook from continuing to engage in the alleged wrongful acts, requiring Facebook to engage third-party auditors to evaluate and correct problems with Facebook’s conduct, and requiring Facebook to divest assets like Instagram and WhatsApp. The lawsuit also seeks monetary damages, restitution and/or disgorgement of Facebook’s wrongful gains, attorneys’ fees, and costs.
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