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Paul Merrell

Spies and internet giants are in the same business: surveillance. But we can stop them ... - 0 views

www.theguardian.com/...-harbour-ruling-edward-snowden

surveillance state NSA EU data privacy litigation

shared by Paul Merrell on 12 Oct 15 - No Cached
  • On Tuesday, the European court of justice, Europe’s supreme court, lobbed a grenade into the cosy, quasi-monopolistic world of the giant American internet companies. It did so by declaring invalid a decision made by the European commission in 2000 that US companies complying with its “safe harbour privacy principles” would be allowed to transfer personal data from the EU to the US. This judgment may not strike you as a big deal. You may also think that it has nothing to do with you. Wrong on both counts, but to see why, some background might be useful. The key thing to understand is that European and American views about the protection of personal data are radically different. We Europeans are very hot on it, whereas our American friends are – how shall I put it? – more relaxed.
  • Given that personal data constitutes the fuel on which internet companies such as Google and Facebook run, this meant that their exponential growth in the US market was greatly facilitated by that country’s tolerant data-protection laws. Once these companies embarked on global expansion, however, things got stickier. It was clear that the exploitation of personal data that is the core business of these outfits would be more difficult in Europe, especially given that their cloud-computing architectures involved constantly shuttling their users’ data between server farms in different parts of the world. Since Europe is a big market and millions of its citizens wished to use Facebook et al, the European commission obligingly came up with the “safe harbour” idea, which allowed companies complying with its seven principles to process the personal data of European citizens. The circle having been thus neatly squared, Facebook and friends continued merrily on their progress towards world domination. But then in the summer of 2013, Edward Snowden broke cover and revealed what really goes on in the mysterious world of cloud computing. At which point, an Austrian Facebook user, one Maximilian Schrems, realising that some or all of the data he had entrusted to Facebook was being transferred from its Irish subsidiary to servers in the United States, lodged a complaint with the Irish data protection commissioner. Schrems argued that, in the light of the Snowden revelations, the law and practice of the United States did not offer sufficient protection against surveillance of the data transferred to that country by the government.
  • The Irish data commissioner rejected the complaint on the grounds that the European commission’s safe harbour decision meant that the US ensured an adequate level of protection of Schrems’s personal data. Schrems disagreed, the case went to the Irish high court and thence to the European court of justice. On Tuesday, the court decided that the safe harbour agreement was invalid. At which point the balloon went up. “This is,” writes Professor Lorna Woods, an expert on these matters, “a judgment with very far-reaching implications, not just for governments but for companies the business model of which is based on data flows. It reiterates the significance of data protection as a human right and underlines that protection must be at a high level.”
  • ...2 more annotations...
  • This is classic lawyerly understatement. My hunch is that if you were to visit the legal departments of many internet companies today you would find people changing their underpants at regular intervals. For the big names of the search and social media worlds this is a nightmare scenario. For those of us who take a more detached view of their activities, however, it is an encouraging development. For one thing, it provides yet another confirmation of the sterling service that Snowden has rendered to civil society. His revelations have prompted a wide-ranging reassessment of where our dependence on networking technology has taken us and stimulated some long-overdue thinking about how we might reassert some measure of democratic control over that technology. Snowden has forced us into having conversations that we needed to have. Although his revelations are primarily about government surveillance, they also indirectly highlight the symbiotic relationship between the US National Security Agency and Britain’s GCHQ on the one hand and the giant internet companies on the other. For, in the end, both the intelligence agencies and the tech companies are in the same business, namely surveillance.
  • And both groups, oddly enough, provide the same kind of justification for what they do: that their surveillance is both necessary (for national security in the case of governments, for economic viability in the case of the companies) and conducted within the law. We need to test both justifications and the great thing about the European court of justice judgment is that it starts us off on that conversation.
Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

www.washingtonpost.com/...3-8176-f2c941cf35f1_story.html

surveillance-state foreign-intelligence NSA-targets NSA-backdoors

shared by Paul Merrell on 01 Jul 14 - No Cached
  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
  • ...4 more annotations...
  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
Paul Merrell

Privacy Day | ACLU of Oregon - 0 views

aclu-or.org/privacyday

surveillance state Oregon legislation ACLU digital-privacy

shared by Paul Merrell on 26 Feb 15 - No Cached
  • Help strengthen Oregon's privacy protections and limit the use of dragnet surveillance. We are advocating for:•    SB 339 - Strict guidelines for the use of automatic license plate readers (ALPR) •    SB 640 - A warrant requirement to access email, phone, and location records •    SB 641 - A warrant requirement to search cell phones Advances in technology have made it too easy for law enforcement to track where you go, what you do, and who you are with. Most of the data the government collects is about innocent people who are not suspected of any crimes. Yet the government collects that personal information - or accesses it directly from your internet or cell phone provider – and can keep it for years on end.  Technology has changed but your rights haven't.
  • Paul Merrell on 26 Feb 15
     
    Privacy measures that the ACLU is pushing at the state level in Oregon. Links are to short summaries of legislation.
Gonzalo San Gil, PhD.

Taking back privacy in the post-Snowden cloud | Ars Technica - 0 views

arstechnica.com/...vacy-in-the-post-snowden-cloud

internet surveillance state privacy back people Snowden users measures technology

shared by Gonzalo San Gil, PhD. on 28 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 28 Oct 14
     
    "Governments aren't going to fix cloud's privacy problem. It's up to the industry-and us. by Sean Gallagher - Oct 28 2014, 2:00pm CET"
Paul Merrell

Facebook parent hit with record $1.3 billion fine by European regulators | KRON4 - 0 views

www.kron4.com/...on-fine-by-european-regulators

internet-privacy Meta Facebook litigation fines

shared by Paul Merrell on 23 May 23 - No Cached
  • The European Union slapped Meta with a record $1.3 billion privacy fine Monday and ordered it to stop transferring user data across the Atlantic, the latest salvo in a decadelong case sparked by U.S. cybersnooping fears. The penalty fine of 1.2 billion euros from Ireland’s Data Protection Commission is the biggest since the EU’s strict data privacy regime took effect five years ago, surpassing Amazon’s 746 million euro penalty in 2021 for data protection violations. The Irish watchdog is Meta’s lead privacy regulator in the 27-nation bloc because the Silicon Valley tech giant’s European headquarters is based in Dublin. Meta, which had previously warned that services for its users in Europe could be cut off, vowed to appeal and ask courts to immediately put the decision on hold.
Paul Merrell

No Fake Internet - 0 views

nofakeinternet.org/?src=157775

Zuckerberg telecoms internet-Balkanization

shared by Paul Merrell on 19 May 15 - No Cached
  • Zuckerberg's Internet.org will control what billions do online People in countries like India,1,2,3 Zimbabwe,4 Brazil,5 and Paraguay6 are speaking out about Facebook's so-called Internet.org platform and its ability to control what billions of Internet users can do online.7,8   Zuckerberg's partnership with telecom giants, Internet.org, provides access to a fake Internet where selected services are prioritized over others.9 This scheme threatens innovation,10 free expression,11 and privacy online12   It blocks many of the websites, apps, and services the world loves from being made available on equal terms.13   The fake Internet will also restrict access to local service providers struggling to get a foothold online.14   We all deserve access to the real open Internet. Stand with people around the world demanding Zuckerberg stops restricting access to the open Internet.
Gonzalo San Gil, PhD.

Reset the Net to Shut Off NSA Spying | PopularResistance.Org, June 5th - 1 views

www.popularresistance.org/the-net-to-shut-off-nsa-spying

June 5th reset net against nsa spying for Internet freedom world democracy balance Progress

shared by Gonzalo San Gil, PhD. on 09 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 09 Apr 14
     
    "Everyone has a role to play. If you're a developer, promise to add one new surveillance-resistant feature to your app or website, and announce it on June 5th. If you're an Internet user, promise to try out one new privacy tool that directly confronts mass surveillance. We'll have an epic and definitive list for you to choose from. Then tell your friends to get protected too. If you have a website or Tumblr, get the Internet Defense League code installed and display the Reset the Net message on June 5th to help educate and rally Internet users worldwide to defend themselves from dragnet surveillance."
Paul Merrell

BitTorrent Sync creates private, peer-to-peer Dropbox, no cloud required | Ars Technica - 6 views

arstechnica.com/...peer-dropbox-no-cloud-required

bittorrent p2p file-sync

shared by Paul Merrell on 28 Apr 13 - No Cached
  • BitTorrent today released folder syncing software that replicates files across multiple computers using the same peer-to-peer file sharing technology that powers BitTorrent clients. The free BitTorrent Sync application is labeled as being in the alpha stage, so it's not necessarily ready for prime-time, but it is publicly available for download and working as advertised on my home network. BitTorrent, Inc. (yes, there is a legitimate company behind BitTorrent) took to its blog to announce the move from a pre-alpha, private program to the publicly available alpha. Additions since the private alpha include one-way synchronization, one-time secrets for sharing files with a friend or colleague, and the ability to exclude specific files and directories.
  • BitTorrent Sync provides "unlimited, secure file-syncing," the company said. "You can use it for remote backup. Or, you can use it to transfer large folders of personal media between users and machines; editors and collaborators. It’s simple. It’s free. It’s the awesome power of P2P, applied to file-syncing." File transfers are encrypted, with private information never being stored on an external server or in the "cloud." "Since Sync is based on P2P and doesn’t require a pit-stop in the cloud, you can transfer files at the maximum speed supported by your network," BitTorrent said. "BitTorrent Sync is specifically designed to handle large files, so you can sync original, high quality, uncompressed files."
  • Paul Merrell on 28 Apr 13
     
    Direct P2P encrypted file syncing, no cloud intermediate, which should translate to far more secure exchange of files, with less opportunity for snooping by governments or others, than with cloud-based services. 
  • ...5 more comments...
  • Gary Edwards on 19 Jun 13
     
    Hey Paul, is there an open source document management system that I could hook the BitTorrent Sync to?
  • Paul Merrell on 19 Jun 13
     
    More detail please. What do you want to do with the doc management system? Platform? Server-side or stand-alone? Industrial strength and highly configurable or lightweight and simple? What do you mean by "hook?" Not that I would be able to answer anyway. I really know very little about BitTorrent Sync. In fact, as far as I'd gone before your question was to look at the FAQ. It's linked from . But there's a link to a forum on the same page. Giving the first page a quick scan confirms that this really is alpha-state software. But that would probably be a better place to ask. (Just give them more specific information of what you'd like to do.) There are other projects out there working on getting around the surveillance problem. I2P is one that is a farther along than BitTorrent Sync and quite a bit more flexible. See . (But I haven't used it, so caveat emptor.)
  • Gary Edwards on 19 Jun 13
     
    There is a great list of PRISM Proof software at http://prism-break.org/. Includes a link to I2P. I want to replace gmail though, but would like another Web based system since I need multi device access. Of course, I need to replace my Google Apps / Google Docs system. That's why I asked about a PRISM Proof sync-share-store DMS. My guess is that there are many users similarly seeking a PRISM Proof platform of communications, content and collaborative computing systems. BusinessIndiser.com is crushed with articles about Google struggling to squirm out from under the NSA PRISM boot-on-the-back-of-their-neck situation. As if blaming the NSA makes up for the dragnet that they consented/allowed/conceded to cover their entire platform. Perhaps we should be watching Germany? There must be tons of startup operations underway, all seeking to replace Google, Amazon, FaceBook, Microsoft, Skype and so many others. It's a great day for Libertyware :)
  • Gary Edwards on 19 Jun 13
     
    Is the NSA involvement the "Kiss of Death"? Google seems to think so. I'm wondering what the impact would be if ZOHO were to announce a PRISM Proof productivity platform?
  • Paul Merrell on 19 Jun 13
     
    It is indeed. The E.U. has far more protective digital privacy rights than we do (none). If you're looking for a Dropbox replacement (you should be), for a cloud-based solution take a look at . Unlike Dropbox, all of the encryption/decryption happens on your local machine; Wuala never sees your files unencrypted. Dropbox folks have admitted that there's no technical barrier to them looking at your files. Their encrypt/decrypt operations are done in the cloud (if they actually bother) and they have the key. Which makes it more chilling that the PRISM docs Snowden link make reference to Dropbox being the next cloud service NSA plans to add to their collection. Wuala also is located (as are its servers) in Switzerland, which also has far stronger digital data privacy laws than the U.S. Plus the Swiss are well along the path to E.U. membership; they've ratified many of the E.U. treaties including the treaty on Human Rights, which as I recall is where the digital privacy sections are. I've begun to migrate from Dropbox to Wuala. It seems to be neck and neck with Dropbox on features and supported platforms, with the advantage of a far more secure approach and 5 GB free. But I'd also love to see more approaches akin to IP2 and Bittorrent Sync that provide the means to bypass the cloud. Don't depend on government to ensure digital privacy, route around the government voyeurs. Hmmm ... I wonder if the NSA has the computer capacity to handle millions of people switching to encrypted communication? :-) Thanks for the link to the software list.
  • Paul Merrell on 19 Jun 13
     
    Re: Google. I don't know if it's the 'kiss of death" but they're definitely going to take a hit, particularly outside the U.S. BTW, I'm remembering from a few years back when the ODF Foundation was still kicking. I did a fair bit of research on the bureaucratic forces in the E.U. that were pushing for the Open Document Exchange Formats. That grew out of a then-ongoing push to get all of the E.U. nations connected via a network that is not dependent on the Internet. It was fairly complete at the time down to the national level and was branching out to the local level and the plan from there was to push connections to business and then to Joe Sixpack and wife. Interop was key, hence ODEF. The E.U. might not be that far away from an ability to sever the digital connections with the U.S. Say a bunch of daisy-chained proxy anonymizers for communications with the U.S. Of course they'd have to block the UK from the network and treat it like it is the U.S. There's a formal signals intelligence service collaboration/integration dating back to WW 2, as I recall, among the U.S., the U.K., Canada, Australia, and New Zealand. Don't remember its name. But it's the same group of nations that were collaborating on Echelon. So the E.U. wouldn't want to let the UK fox inside their new chicken coop. Ah, it's just a fantasy. The U.S. and the E.U. are too interdependent. I have no idea hard it would be for the Zoho folk to come up with desktop/side encryption/decryption. And I don't know whether their servers are located outside the reach of a U.S. court's search warrant. But I think Google is going to have to move in that direction fast if it wants to minimize the damage. Or get way out in front of the hounds chomping at the NSA's ankles and reduce the NSA to compost. OTOH, Google might be a government covert op. for all I know. :-) I'm really enjoying watching the NSA show. Who knows what facet of their Big Brother operation gets revealed next?
  • Gary Edwards on 20 Jun 13
     
    ZOHO is an Indian company with USA marketing offices. No idea where the server farm is located, but they were not on the NSA list. I've known Raju Vegesna for years, mostly from the old Web 2.0 and Office 2.0 Conferences. Raju runs the USA offices in Santa Clara. I'll try to catch up with him on Thursday. How he could miss this once in a lifetime moment to clean out Google, Microsoft and SalesForce.com is something I'd like to find out about. Thanks for the Wuala tip. You sent me that years ago, when i was working on research and design for the SurDocs project. Incredible that all our notes, research, designs and correspondence was left to rot in Google Wave! Too too funny. I recall telling Alex from SurDocs that he had to use a USA host, like Amazon, that could be trusted by USA customers to keep their docs safe and secure. Now look what i've done! I've tossed his entire company information set into the laps of the NSA and their cabal of connected corporatists :)
Paul Merrell

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

apnews.com/...c2eafb45b762ced73efb3d2c6833f1

Facebook litigation antitrust

shared by Paul Merrell on 14 Dec 20 - No Cached
  • National plaintiffs’ law firm Keller Lenkner LLC and global business litigation firm Quinn Emanuel Urquhart & 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.
Paul Merrell

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

www.nytimes.com/...location-services-lawsuit.html

Google litigation antitrust consumer-privacy

shared by Paul Merrell on 26 Jan 22 - No Cached
  • 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

The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

justsecurity.org/...s-hold-encrypted-data-familiar

surveillance state NSA IAA-2015 Sect-309 legislation

shared by Paul Merrell on 26 Jan 15 - No Cached
  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
  • ...6 more annotations...
  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
  • Paul Merrell on 26 Jan 15
     
    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
Paul Merrell

DailyDot - 0 views

www.dailydot.com/...dead-cybersecurity-bill-failed

security state CISPA internet freedom data privacy

shared by Paul Merrell on 27 Apr 13 - No Cached
  • Experts and sources with knowledge of the situation say the most controversial Internet bill of the year, the Cyber Information Sharing and Protection Act (CISPA), is already dead in the water. That's good news for the millions worldwide who have formally registered their opposition to the bill. Designed to help the U.S. fight online attacks, CISPA would make it easier for corporations that are hacked to pass what they know to government agencies—including, critics say, swaths of your private information that would otherwise be protected by law. But though CISPA resoundingly passed the House of Representatives April 18, "it is extremely unlikely for the Senate" to vote on the bill," the ACLU's Michelle Richardson told the Daily Dot.
  • A Senate committee aide, who requested to not be named, told the Daily Dot that "there is no possible plan to bring up CISPA," in the Senate. The aide cited the fact that the Senate tried to pass its own cybersecurity bill, the Cybersecurity Act of 2012 (CSA). While unsuccessful, it underscored a desire for legislation that took more explicit efforts to protect individuals' Internet privacy. "There are just too many problems with it," the aide said of CISPA. This is backed up by U.S. News and World Report, which has reported that a staffer on the Senate's Committee on Commerce, Science and Transportation explicitly claims CISPA is no longer a possibility, and senators are "drafting separate bills" to include some CISPA provisions.
Paul Merrell

First Look Publishes Open Source Code To Advance Privacy, Security, and Journalism - Th... - 0 views

firstlook.org/...uments-create-warrant-canaries

surveillance state warrant-canaries First-Look Internet-fights-back

shared by Paul Merrell on 28 May 15 - No Cached
  • today we’re excited to contribute back to the open source community by launching First Look Code, the home for our own open source projects related to privacy, security, data, and journalism. To begin with, First Look Code is the new home for document sanitization software PDF Redact Tools, and we’ve launched a brand new anti-gag order project called AutoCanary.
  • AutoCanary A warrant canary is a regularly published statement that a company hasn’t received any legal orders that it’s not allowed to talk about, such as a national security letter. Canaries can help prevent web publishers from misleading visitors and prevent tech companies from misleading users when they share data with the government and are prevented from talking about it. One such situation arose — without a canary in place — in 2013, when the U.S. government sent Lavabit, a provider of encrypted email services apparently used by Snowden, a legal request to access Snowden’s email, thwarting some of the very privacy protections Lavabit had promised users. This request included a gag order, so the company was legally prohibited from talking about it. Rather than becoming “complicit in crimes against the American people,” in his words, Lavabit founder Ladar Levison, chose to shut down the service.
  • Warrant canaries are designed to help companies in this kind of situation. You can see a list of companies that publish warrant canary statements at Canary Watch. As of today, First Look Media is among the companies that publish canaries. We’re happy to announce the first version of AutoCanary, a desktop program for Windows, Mac OS X, and Linux that makes the process of generating machine-readable, digitally-signed warrant canary statements simpler. Read more about AutoCanary on its new website.
  • Paul Merrell on 28 May 15
     
    The internet continues to fight back against the Dark State. On the unsettled nature of the law in regard to use of warrant canaries in the U.S. see EFF's faq: https://www.eff.org/deeplinks/2014/04/warrant-canary-faq (it needs a test case).
Paul Merrell

Activists send the Senate 6 million faxes to oppose cyber bill - CBS News - 0 views

www.cbsnews.com/...ion-faxes-to-oppose-cyber-bill

surveillance state CISA legislation faxes Obama

shared by Paul Merrell on 06 Aug 15 - No Cached
  • Activists worried about online privacy are sending Congress a message with some old-school technology: They're sending faxes -- more than 6.2 million, they claim -- to express opposition to the Cybersecurity Information Sharing Act (CISA).Why faxes? "Congress is stuck in 1984 and doesn't understand modern technology," according to the campaign Fax Big Brother. The week-long campaign was organized by the nonpartisan Electronic Frontier Foundation, the group Access and Fight for the Future, the activist group behind the major Internet protests that helped derail a pair of anti-piracy bills in 2012. It also has the backing of a dozen groups like the ACLU, the American Library Association, National Association of Criminal Defense Lawyers and others.
  • CISA aims to facilitate information sharing regarding cyberthreats between the government and the private sector. The bill gained more attention following the massive hack in which the records of nearly 22 million people were stolen from government computers."The ability to easily and quickly share cyber attack information, along with ways to counter attacks, is a key method to stop them from happening in the first place," Sen. Dianne Feinstein, D-California, who helped introduce CISA, said in a statement after the hack. Senate leadership had planned to vote on CISA this week before leaving for its August recess. However, the bill may be sidelined for the time being as the Republican-led Senate puts precedent on a legislative effort to defund Planned Parenthood.Even as the bill was put on the backburner, the grassroots campaign to stop it gained steam. Fight for the Future started sending faxes to all 100 Senate offices on Monday, but the campaign really took off after it garnered attention on the website Reddit and on social media. The faxed messages are generated by Internet users who visit faxbigbrother.com or stopcyberspying.com -- or who simply send a message via Twitter with the hashtag #faxbigbrother. To send all those faxes, Fight for the Future set up a dedicated server and a dozen phone lines and modems they say are capable of sending tens of thousands of faxes a day.
  • Fight for the Future told CBS News that it has so many faxes queued up at this point, that it may take months for Senate offices to receive them all, though the group is working on scaling up its capability to send them faster. They're also limited by the speed at which Senate offices can receive them.
  • Paul Merrell on 06 Aug 15
     
    From an Fight For the Future mailing: "Here's the deal: yesterday the Senate delayed its expected vote on CISA, the Cybersecurity Information Sharing Act that would let companies share your private information--like emails and medical records--with the government. "The delay is good news; but it's a delay, not a victory. "We just bought some precious extra time to fight CISA, but we need to use it to go big like we did with SOPA or this bill will still pass. Even if we stop it in September, they'll try again after that. "The truth is that right now, things are looking pretty grim. Democrats and Republicans have been holding closed-door meetings to work out a deal to pass CISA quickly when they return from recess. "Right before the expected Senate vote on CISA, the Obama Administration endorsed the bill, which means if Congress passes it, the White House will definitely sign it.  "We've stalled and delayed CISA and bills like it nearly half a dozen times, but this month could be our last chance to stop it for good." See also http://tumblr.fightforthefuture.org/post/125953876003/senate-fails-to-advance-cisa-before-recess-amid (;) http://www.cbsnews.com/news/activists-send-the-senate-6-million-faxes-to-oppose-cyber-bill/ (;) http://www.npr.org/2015/08/04/429386027/privacy-advocates-to-senate-cyber-security-bill (.)
Gonzalo San Gil, PhD.

The future is the Internet of Things-deal with it | Ars Technica UK - 0 views

arstechnica.co.uk/...nternet-of-things-deal-with-it

deal with IoT Internet of Things knowledge security privacy warning

shared by Gonzalo San Gil, PhD. on 30 Oct 15 - No Cached
  • Gonzalo San Gil, PhD. on 30 Oct 15
     
    "IoT is about to explode, perhaps literally, if privacy and security issues aren't fixed. by Sean Gallagher (US) - Oct 30, 2015 9:50am CET"
Paul Merrell

We're Halfway to Encrypting the Entire Web | Electronic Frontier Foundation - 0 views

www.eff.org/...-halfway-encrypting-entire-web

Internet encryption https adoption

shared by Paul Merrell on 25 Feb 17 - No Cached
  • The movement to encrypt the web has reached a milestone. As of earlier this month, approximately half of Internet traffic is now protected by HTTPS. In other words, we are halfway to a web safer from the eavesdropping, content hijacking, cookie stealing, and censorship that HTTPS can protect against. Mozilla recently reported that the average volume of encrypted web traffic on Firefox now surpasses the average unencrypted volume
  • Google Chrome’s figures on HTTPS usage are consistent with that finding, showing that over 50% of of all pages loaded are protected by HTTPS across different operating systems.
  • This milestone is a combination of HTTPS implementation victories: from tech giants and large content providers, from small websites, and from users themselves.
  • ...4 more annotations...
  • Starting in 2010, EFF members have pushed tech companies to follow crypto best practices. We applauded when Facebook and Twitter implemented HTTPS by default, and when Wikipedia and several other popular sites later followed suit. Google has also put pressure on the tech community by using HTTPS as a signal in search ranking algorithms and, starting this year, showing security warnings in Chrome when users load HTTP sites that request passwords or credit card numbers. EFF’s Encrypt the Web Report also played a big role in tracking and encouraging specific practices. Recently other organizations have followed suit with more sophisticated tracking projects. For example, Secure the News and Pulse track HTTPS progress among news media sites and U.S. government sites, respectively.
  • But securing large, popular websites is only one part of a much bigger battle. Encrypting the entire web requires HTTPS implementation to be accessible to independent, smaller websites. Let’s Encrypt and Certbot have changed the game here, making what was once an expensive, technically demanding process into an easy and affordable task for webmasters across a range of resource and skill levels. Let’s Encrypt is a Certificate Authority (CA) run by the Internet Security Research Group (ISRG) and founded by EFF, Mozilla, and the University of Michigan, with Cisco and Akamai as founding sponsors. As a CA, Let’s Encrypt issues and maintains digital certificates that help web users and their browsers know they’re actually talking to the site they intended to. CAs are crucial to secure, HTTPS-encrypted communication, as these certificates verify the association between an HTTPS site and a cryptographic public key. Through EFF’s Certbot tool, webmasters can get a free certificate from Let’s Encrypt and automatically configure their server to use it. Since we announced that Let’s Encrypt was the web’s largest certificate authority last October, it has exploded from 12 million certs to over 28 million. Most of Let’s Encrypt’s growth has come from giving previously unencrypted sites their first-ever certificates. A large share of these leaps in HTTPS adoption are also thanks to major hosting companies and platforms--like WordPress.com, Squarespace, and dozens of others--integrating Let’s Encrypt and providing HTTPS to their users and customers.
  • Unfortunately, you can only use HTTPS on websites that support it--and about half of all web traffic is still with sites that don’t. However, when sites partially support HTTPS, users can step in with the HTTPS Everywhere browser extension. A collaboration between EFF and the Tor Project, HTTPS Everywhere makes your browser use HTTPS wherever possible. Some websites offer inconsistent support for HTTPS, use unencrypted HTTP as a default, or link from secure HTTPS pages to unencrypted HTTP pages. HTTPS Everywhere fixes these problems by rewriting requests to these sites to HTTPS, automatically activating encryption and HTTPS protection that might otherwise slip through the cracks.
  • Our goal is a universally encrypted web that makes a tool like HTTPS Everywhere redundant. Until then, we have more work to do. Protect your own browsing and websites with HTTPS Everywhere and Certbot, and spread the word to your friends, family, and colleagues to do the same. Together, we can encrypt the entire web.
  • Paul Merrell on 25 Feb 17
     
    HTTPS connections don't work for you if you don't use them. If you're not using HTTPS Everywhere in your browser, you should be; it's your privacy that is at stake. And every encrypted communication you make adds to the backlog of encrypted data that NSA and other internet voyeurs must process as encrypted traffic; because cracking encrypted messages is computer resource intensive, the voyeurs do not have the resources to crack more than a tiny fraction. HTTPS is a free extension for Firefox, Chrome, and Opera. You can get it here. https://www.eff.org/HTTPS-everywhere
Paul Merrell

Stop The Trap | OpenMedia International - 1 views

stopthetrap.net/?tag=201208omi

internet open web political action

shared by Paul Merrell on 09 Aug 12 - No Cached
  • Right now, a group of 600 industry lobbyist "advisors" and un-elected government trade representatives are scheming behind closed doors1,2 to craft an international agreement called the Trans-Pacific Partnership (TPP). Why the secrecy? We know from leaked documents3 that the TPP includes what amounts to an Internet trap that would:
  • Criminalize4 some of your everyday use of the Internet, Force service providers to collect and hand over your private data without privacy safeguards5, and Give media conglomerates more power to fine you for Internet use,6 remove online content—including entire websites—and even terminate7 your access to the Internet. Create a parallel legal system of international tribunals that will undermine national sovereignty and allow conglomerates to sue countries for laws that infringe on their profits.
  • The TPP's Internet trap is secretive, extreme, and it could criminalize your daily use of the Internet. We deserve to know what will be blocked, what we and our families will be fined for. If enough of us speak out now, we can force participating governments to come clean. Your signature will send a message to leaders of participating countries. 8
  • ...1 more annotation...
  • Please sign our petition to make your objection heard. 100,635 people have signed (and counting).
Paul Merrell

The Government's Secret Plan to Shut Off Cellphones and the Internet, Explained | Conne... - 1 views

billmoyers.com/...nes-and-the-internet-explained

cyberwar internet-kill-switch cellphone-kill-switch DHS litigation FOIA

shared by Paul Merrell on 03 Dec 13 - No Cached
  • This month, the United States District Court for the District of Columbia ruled that the Department of Homeland Security must make its plan to shut off the Internet and cellphone communications available to the American public. You, of course, may now be thinking: What plan?! Though President Barack Obama swiftly disapproved of ousted Egyptian President Hosni Mubarak turning off the Internet in his country (to quell widespread civil disobedience) in 2011, the US government has the authority to do the same sort of thing, under a plan that was devised during the George W. Bush administration. Many details of the government’s controversial “kill switch” authority have been classified, such as the conditions under which it can be implemented and how the switch can be used. But thanks to a Freedom of Information Act lawsuit filed by the Electronic Privacy Information Center (EPIC), DHS has to reveal those details by December 12 — or mount an appeal. (The smart betting is on an appeal, since DHS has fought to release this information so far.) Yet here’s what we do know about the government’s “kill switch” plan:
  • What are the constitutional problems? Civil liberties advocates argue that kill switches violate the First Amendment and pose a problem because they aren’t subject to rigorous judicial and congressional oversight. “There is no court in the loop at all, at any stage in the SOP 303 process,” according to the Center for Democracy and Technology. ”The executive branch, untethered by the checks and balances of court oversight, clear instruction from Congress, or transparency to the public, is free to act as it will and in secret.” David Jacobs of EPIC says, “Cutting off communications imposes a prior restraint on speech, so the First Amendment imposes the strictest of limitations…We don’t know how DHS thinks [the kill switch] is consistent with the First Amendment.” He adds, “Such a policy, unbounded by clear rules and oversight, just invites abuse.”
Paul Merrell

The End of the Internet As We Know It - 2 views

otherwords.org/end-internet-net-neutrality

internet freedom net-neutrality FCC telecoms

shared by Paul Merrell on 13 Dec 13 - No Cached
  • We owe everything we love about the Web to net neutrality, the principle that the Internet is an open platform and service providers like AT&T, Comcast, and Time Warner can’t dictate where you go and what you do online. Without net neutrality, the Web would look a lot like cable, with the most popular content available only on certain tiers or with certain providers. (Imagine AT&T as the exclusive home of Netflix and Comcast as the sole source of YouTube.)
  • In 2010, the Federal Communications Commission tried to establish concrete rules to protect net neutrality. But the agency ended up caving to pressure from the biggest phone and cable companies and left huge loopholes standing in the way of a truly open Internet. And now Verizon is in court challenging those rules — and the FCC’s authority to draft and enforce them to protect consumers and promote competition. That’s because under the Bush administration, the FCC decided to give away much of its authority to oversee our broadband networks. The current FCC could fix the problem by reclaiming this authority, but it hasn’t yet. If the FCC loses the case and fails to take the necessary action to reverse course, the agency will be toothless as the biggest Internet providers run amok and destroy everything we love about the Internet. Indeed, the second it looks like the FCC is going to be defeated, you can expect all the telecoms and ISPs to join hands and declare they’ve reached an agreement to self-regulate.
  • If this happens, they’ll win and we’ll lose. Online privacy will be a thing of the past. (If you thought it already was, believe me, things could get worse.) The ISPs will try to read all of your content so they can sell you to advertisers. New “troll tolls” will force content creators and others to pay discriminatory fees just to reach people online — and will require the rest of us to pony up for “premium” content. Does that sound Orwellian? That’s because it is. But this is no far-fetched scenario. It’s time for us to stand up and fight for our online rights. We need to tell the FCC to stop messing around. It’s time for the agency to fix its past mistakes — and establish strong net neutrality protections that are 100 percent loophole-free.
Gonzalo San Gil, PhD.

Thunderclap: Free Information from Space Outernet for Aug 11, 2014 - 0 views

www.thunderclap.it/...77-free-information-from-space

free information space Outernet thunderclap August 11 2014

shared by Gonzalo San Gil, PhD. on 24 Jul 14 - No Cached
  • Right now, only 40% of humanity can connect to the Internet. Even less than that have access to truly free, uncensored Internet. What this represents is an enormous gap in access to information. While the Internet is an amazing communication tool, it is also the largest library ever constructed. It grants access to anything from books, videos, courseware, news, and weather, to open source farm equipment or instructions on how to treat infection or prevent HIV from spreading. #ImagineIf everyone could have that information for free?On August 11, 2014, Outernet will make that library available from space for free for the first time. Help us tell the world.#ImagineIf everyone had any information they wanted - what would that world look like? What new inventions would be created or diseases cured? What would people read about if their governments no longer deprived them of their right to free information? Soon, we won't have to imagine.
  • Right now, only 40% of humanity can connect to the Internet. Even less than that have access to truly free, uncensored Internet. What this represents is an enormous gap in access to information. While the Internet is an amazing communication tool, it is also the largest library ever constructed. It grants access to anything from books, videos, courseware, news, and weather, to open source farm equipment or instructions on how to treat infection or prevent HIV from spreading. #ImagineIf everyone could have that information for free?On August 11, 2014, Outernet will make that library available from space for free for the first time. Help us tell the world.#ImagineIf everyone had any information they wanted - what would that world look like? What new inventions would be created or diseases cured? What would people read about if their governments no longer deprived them of their right to free information? 
  • Paul Merrell on 24 Jul 14
     
    INFORMATION FOR THE WORLD FROM OUTER SPACE Unrestricted, globally accessible, broadcast data. Quality content from all over the Internet. Available to all of humanity. For free. Through satellite data broadcasting, Outernet is able to bypass censorship, ensure privacy, and offer a universally-accessible information service at no cost to global citizens. It's the modern version of shortwave radio, or BitTorrent from space.
  • Gonzalo San Gil, PhD. on 25 Jul 14
     
    ""#ImagineIf every human had a free library at home... Information equality begins TODAY: Outernet is LIVE from space! http://thndr.it/1pazaP3" "
  • Gonzalo San Gil, PhD. on 25 Jul 14
     
    ""#ImagineIf every human had a free library at home... Information equality begins TODAY: Outernet is LIVE from space! http://thndr.it/1pazaP3" "
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