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Paul Merrell

Internet users raise funds to buy lawmakers' browsing histories in protest | TheHill - 0 views

thehill.com/...y-lawmakers-browsing-histories

surveillance state browsing-history legislation

shared by Paul Merrell on 31 Mar 17 - No Cached
huong3a3y and ngoclinh91 liked it
  • House passes bill undoing Obama internet privacy rule House passes bill undoing Obama internet privacy rule TheHill.com Mesmerizing Slow-Motion Lightning Celebrate #NationalPuppyDay with some adorable puppies on Instagram 5 plants to add to your garden this Spring House passes bill undoing Obama internet privacy rule Inform News. Coming Up... Ed Sheeran responds to his 'baby lookalike' margin: 0px; padding: 0px; borde
  • Great news! The House just voted to pass SJR34. We will finally be able to buy the browser history of all the Congresspeople who voted to sell our data and privacy without our consent!” he wrote on the fundraising page.Another activist from Tennessee has raised more than $152,000 from more than 9,800 people.A bill on its way to President Trump’s desk would allow internet service providers (ISPs) to sell users’ data and Web browsing history. It has not taken effect, which means there is no growing history data yet to purchase.A Washington Post reporter also wrote it would be possible to buy the data “in theory, but probably not in reality.”A former enforcement bureau chief at the Federal Communications Commission told the newspaper that most internet service providers would cover up this information, under their privacy policies. If they did sell any individual's personal data in violation of those policies, a state attorney general could take the ISPs to court.
Paul Merrell

The UN Releases Plan to Push for Worldwide Internet Censorship | Global Research - Cent... - 0 views

www.globalresearch.ca/...5478411

internet freedom U.N. internet-censorship

shared by Paul Merrell on 28 Sep 15 - No Cached
  • The United Nations has disgraced itself immeasurably over the past month or so. In case you missed the following stories, I suggest catching up now: The UN’s “Sustainable Development Agenda” is Basically a Giant Corporatist Fraud Not a Joke – Saudi Arabia Chosen to Head UN Human Rights Panel Fresh off the scene from those two epic embarrassments, the UN now wants to tell governments of the world how to censor the internet. I wish I was kidding. From the Washington Post: On Thursday, the organization’s Broadband Commission for Digital Development released a damning “world-wide wake-up call” on what it calls “cyber VAWG,” or violence against women and girls. The report concludes that online harassment is “a problem of pandemic proportion” — which, nbd, we’ve all heard before. But the United Nations then goes on to propose radical, proactive policy changes for both governments and social networks, effectively projecting a whole new vision for how the Internet could work. Under U.S. law — the law that, not coincidentally, governs most of the world’s largest online platforms — intermediaries such as Twitter and Facebook generally can’t be held responsible for what people do on them. But the United Nations proposes both that social networks proactively police every profile and post, and that government agencies only “license” those who agree to do so.
  • People are being harassed online, and the solution is to censor everything and license speech? Remarkable. How that would actually work, we don’t know; the report is light on concrete, actionable policy. But it repeatedly suggests both that social networks need to opt-in to stronger anti-harassment regimes and that governments need to enforce them proactively. At one point toward the end of the paper, the U.N. panel concludes that“political and governmental bodies need to use their licensing prerogative” to better protect human and women’s rights, only granting licenses to “those Telecoms and search engines” that “supervise content and its dissemination.” So we’re supposed to be lectured about human rights from an organization that named Saudi Arabia head of its human rights panel? Got it. Regardless of whether you think those are worthwhile ends, the implications are huge: It’s an attempt to transform the Web from a libertarian free-for-all to some kind of enforced social commons. This U.N. report gets us no closer, alas: all but its most modest proposals are unfeasible. We can educate people about gender violence or teach “digital citizenship” in schools, but persuading social networks to police everything their users post is next to impossible. And even if it weren’t, there are serious implications for innovation and speech: According to the Electronic Frontier Foundation, CDA 230 — the law that exempts online intermediaries from this kind of policing — is basically what allowed modern social networks (and blogs, and comments, and forums, etc.) to come into being. If we’re lucky, perhaps the Saudi religious police chief (yes, they have one) who went on a rampage against Twitter a couple of years ago, will be available to head up the project. What a joke.
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
  • ...4 more annotations...
  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Gonzalo San Gil, PhD.

Court Lifts Overbroad "Piracy" Blockade of Mega and Other Sites | TorrentFreak | # The ... - 0 views

torrentfreak.com/of-mega-and-other-sites-141009

court lifts piracy sites clockade IP enforcement joke

shared by Gonzalo San Gil, PhD. on 10 Oct 14 - No Cached
  • Gonzalo San Gil, PhD. on 10 Oct 14
     
    " Ernesto on October 9, 2014 C: 0 News Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans."
  • Gonzalo San Gil, PhD. on 10 Oct 14
     
    " Ernesto on October 9, 2014 C: 0 News Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans."
Gonzalo San Gil, PhD.

MPAA Targets New Anti-Piracy Ads... At People Who Already Paid To Go See Movies | Techdirt - 0 views

www.techdirt.com/...dy-paid-to-go-see-movies.shtml

MPAA targets anti-piracy ads people already bought movie tickets absurd

shared by Gonzalo San Gil, PhD. on 29 Jun 15 - No Cached
  • Gonzalo San Gil, PhD. on 29 Jun 15
     
    "from the strategery! dept There's that old joke that you've probably heard (in part because we've mentioned it in other contexts), about the drunk man searching for his keys under a streetlight, while admitting that he lost them further down the street. When asked why he's looking over by the light instead, he says "because that's where the light is." People even refer to this as the streetlight effect. And you can see it in all sorts of odd places."
Gonzalo San Gil, PhD.

DIASPORA* - 2 views

joindiaspora.com

Open Source Social Networking Red Social Código Abierto

shared by Gonzalo San Gil, PhD. on 28 Nov 10 - No Cached
  • Gonzalo San Gil, PhD. on 28 Nov 10
     
    [Sus promotores abren un tiempo de pruebas.- El proyecto, de código abierto, quiere ser una alternativa a Facebook, pero dando el control de los datos al internauta http://www.elpais.com/articulo/tecnologia/red/social/Diaspora/invita/primeros/miembros/elpeputec/20101125elpeputec_2/Tes] [ Share what you want, with whom you want. Choice Diaspora lets you sort your connections into groups called aspects. Unique to Diaspora, aspects ensure that your photos, stories and jokes are shared only with the people you intend. Ownership You own your pictures, and you shouldn't have to give that up just to share them. You maintain ownership of everything you share on Diaspora, giving you full control over how it's distributed. Simplicity Diaspora makes sharing clean and easy - and this goes for privacy too. Inherently private, Diaspora doesn't make you wade through pages of settings and options just to keep your profile secure. ]
Paul Merrell

American and British Spy Agencies Targeted In-Flight Mobile Phone Use - 0 views

theintercept.com/...ted-in-flight-mobile-phone-use

surveillance state NSA GCHQ targets-on-board-cell-calls

shared by Paul Merrell on 10 Dec 16 - No Cached
  • In the trove of documents provided by former National Security Agency contractor Edward Snowden is a treasure. It begins with a riddle: “What do the President of Pakistan, a cigar smuggler, an arms dealer, a counterterrorism target, and a combatting proliferation target have in common? They all used their everyday GSM phone during a flight.” This riddle appeared in 2010 in SIDtoday, the internal newsletter of the NSA’s Signals Intelligence Directorate, or SID, and it was classified “top secret.” It announced the emergence of a new field of espionage that had not yet been explored: the interception of data from phone calls made on board civil aircraft. In a separate internal document from a year earlier, the NSA reported that 50,000 people had already used their mobile phones in flight as of December 2008, a figure that rose to 100,000 by February 2009. The NSA attributed the increase to “more planes equipped with in-flight GSM capability, less fear that a plane will crash due to making/receiving a call, not as expensive as people thought.” The sky seemed to belong to the agency.
Gary Edwards

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

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • 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:
  • ...17 more annotations...
  • 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  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.
  • Gary Edwards on 13 Sep 14
     
    "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. "
  • Paul Merrell on 14 Sep 14
     
    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.
Alexandra IcecreamApps

Icecream Apps: Software Development in Numbers - Icecream Tech Digest - 0 views

icecreamapps.com/...ream-apps-software-development

icecream apps software software development development infographic fun facts jokes about software developers

shared by Alexandra IcecreamApps on 07 May 15 - No Cached
  • Alexandra IcecreamApps on 07 May 15
     
    Recently we’ve reached a milestone of 10,000 likes on Facebook and 1000 followers on Twitter and thus we decided to tell our supporters a bit more about how we work and develop our software. Quality software development is a complicated … Continue reading →
  • Alexandra IcecreamApps on 07 May 15
     
    Recently we’ve reached a milestone of 10,000 likes on Facebook and 1000 followers on Twitter and thus we decided to tell our supporters a bit more about how we work and develop our software. Quality software development is a complicated … Continue reading →
Paul Merrell

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

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

surveillance state privacy U.N.-repporteur Orwell 1984

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

Canada Casts Global Surveillance Dragnet Over File Downloads - The Intercept - 0 views

firstlook.org/...e-levitation-mass-surveillance

surveillance state Canada CSE NSA-targets downloads

shared by Paul Merrell on 29 Jan 15 - No Cached
  • Canada’s leading surveillance agency is monitoring millions of Internet users’ file downloads in a dragnet search to identify extremists, according to top-secret documents. The covert operation, revealed Wednesday by CBC News in collaboration with The Intercept, taps into Internet cables and analyzes records of up to 15 million downloads daily from popular websites commonly used to share videos, photographs, music, and other files. The revelations about the spying initiative, codenamed LEVITATION, are the first from the trove of files provided by National Security Agency whistleblower Edward Snowden to show that the Canadian government has launched its own globe-spanning Internet mass surveillance system. According to the documents, the LEVITATION program can monitor downloads in several countries across Europe, the Middle East, North Africa, and North America. It is led by the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA. (The Canadian agency was formerly known as “CSEC” until a recent name change.)
  • The latest disclosure sheds light on Canada’s broad existing surveillance capabilities at a time when the country’s government is pushing for a further expansion of security powers following attacks in Ottawa and Quebec last year. Ron Deibert, director of University of Toronto-based Internet security think tank Citizen Lab, said LEVITATION illustrates the “giant X-ray machine over all our digital lives.” “Every single thing that you do – in this case uploading/downloading files to these sites – that act is being archived, collected and analyzed,” Deibert said, after reviewing documents about the online spying operation for CBC News. David Christopher, a spokesman for Vancouver-based open Internet advocacy group OpenMedia.ca, said the surveillance showed “robust action” was needed to rein in the Canadian agency’s operations.
  • In a top-secret PowerPoint presentation, dated from mid-2012, an analyst from the agency jokes about how, while hunting for extremists, the LEVITATION system gets clogged with information on innocuous downloads of the musical TV series Glee. CSE finds some 350 “interesting” downloads each month, the presentation notes, a number that amounts to less than 0.0001 per cent of the total collected data. The agency stores details about downloads and uploads to and from 102 different popular file-sharing websites, according to the 2012 document, which describes the collected records as “free file upload,” or FFU, “events.” Only three of the websites are named: RapidShare, SendSpace, and the now defunct MegaUpload.
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  • “The specific uses that they talk about in this [counter-terrorism] context may not be the problem, but it’s what else they can do,” said Tamir Israel, a lawyer with the University of Ottawa’s Canadian Internet Policy and Public Interest Clinic. Picking which downloads to monitor is essentially “completely at the discretion of CSE,” Israel added. The file-sharing surveillance also raises questions about the number of Canadians whose downloading habits could have been swept up as part of LEVITATION’s dragnet. By law, CSE isn’t allowed to target Canadians. In the LEVITATION presentation, however, two Canadian IP addresses that trace back to a web server in Montreal appear on a list of suspicious downloads found across the world. The same list includes downloads that CSE monitored in closely allied countries, including the United Kingdom, United States, Spain, Brazil, Germany and Portugal. It is unclear from the document whether LEVITATION has ever prevented any terrorist attacks. The agency cites only two successes of the program in the 2012 presentation: the discovery of a hostage video through a previously unknown target, and an uploaded document that contained the hostage strategy of a terrorist organization. The hostage in the discovered video was ultimately killed, according to public reports.
  • LEVITATION does not rely on cooperation from any of the file-sharing companies. A separate secret CSE operation codenamed ATOMIC BANJO obtains the data directly from internet cables that it has tapped into, and the agency then sifts out the unique IP address of each computer that downloaded files from the targeted websites. The IP addresses are valuable pieces of information to CSE’s analysts, helping to identify people whose downloads have been flagged as suspicious. The analysts use the IP addresses as a kind of search term, entering them into other surveillance databases that they have access to, such as the vast repositories of intercepted Internet data shared with the Canadian agency by the NSA and its British counterpart Government Communications Headquarters. If successful, the searches will return a list of results showing other websites visited by the people downloading the files – in some cases revealing associations with Facebook or Google accounts. In turn, these accounts may reveal the names and the locations of individual downloaders, opening the door for further surveillance of their activities.
  • Canada’s leading surveillance agency is monitoring millions of Internet users’ file downloads in a dragnet search to identify extremists, according to top-secret documents. The covert operation, revealed Wednesday by CBC News in collaboration with The Intercept, taps into Internet cables and analyzes records of up to 15 million downloads daily from popular websites commonly used to share videos, photographs, music, and other files. The revelations about the spying initiative, codenamed LEVITATION, are the first from the trove of files provided by National Security Agency whistleblower Edward Snowden to show that the Canadian government has launched its own globe-spanning Internet mass surveillance system. According to the documents, the LEVITATION program can monitor downloads in several countries across Europe, the Middle East, North Africa, and North America. It is led by the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA. (The Canadian agency was formerly known as “CSEC” until a recent name change.)
Paul Merrell

Exclusive: Tim Berners-Lee tells us his radical new plan to upend the - 1 views

www.fastcompany.com/...an-to-upend-the-world-wide-web

Berners-Lee Solid Inrupt web-decentralization

shared by Paul Merrell on 30 Sep 18 - No Cached
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  • “The intent is world domination,” Berners-Lee says with a wry smile. The British-born scientist is known for his dry sense of humor. But in this case, he is not joking.This week, Berners-Lee will launch Inrupt, a startup that he has been building, in stealth mode, for the past nine months. Backed by Glasswing Ventures, its mission is to turbocharge a broader movement afoot, among developers around the world, to decentralize the web and take back power from the forces that have profited from centralizing it. In other words, it’s game on for Facebook, Google, Amazon. For years now, Berners-Lee and other internet activists have been dreaming of a digital utopia where individuals control their own data and the internet remains free and open. But for Berners-Lee, the time for dreaming is over.
  • In a post published this weekend, Berners-Lee explains that he is taking a sabbatical from MIT to work full time on Inrupt. The company will be the first major commercial venture built off of Solid, a decentralized web platform he and others at MIT have spent years building.
  • f all goes as planned, Inrupt will be to Solid what Netscape once was for many first-time users of the web: an easy way in. And like with Netscape, Berners-Lee hopes Inrupt will be just the first of many companies to emerge from Solid.
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  • On his screen, there is a simple-looking web page with tabs across the top: Tim’s to-do list, his calendar, chats, address book. He built this app–one of the first on Solid–for his personal use. It is simple, spare. In fact, it’s so plain that, at first glance, it’s hard to see its significance. But to Berners-Lee, this is where the revolution begins. The app, using Solid’s decentralized technology, allows Berners-Lee to access all of his data seamlessly–his calendar, his music library, videos, chat, research. It’s like a mashup of Google Drive, Microsoft Outlook, Slack, Spotify, and WhatsApp.The difference here is that, on Solid, all the information is under his control. Every bit of data he creates or adds on Solid exists within a Solid pod–which is an acronym for personal online data store. These pods are what give Solid users control over their applications and information on the web. Anyone using the platform will get a Solid identity and Solid pod. This is how people, Berners-Lee says, will take back the power of the web from corporations.
  • For example, one idea Berners-Lee is currently working on is a way to create a decentralized version of Alexa, Amazon’s increasingly ubiquitous digital assistant. He calls it Charlie. Unlike with Alexa, on Charlie people would own all their data. That means they could trust Charlie with, for example, health records, children’s school events, or financial records. That is the kind of machine Berners-Lee hopes will spring up all over Solid to flip the power dynamics of the web from corporation to individuals.
  • Berners-Lee believes Solid will resonate with the global community of developers, hackers, and internet activists who bristle over corporate and government control of the web. “Developers have always had a certain amount of revolutionary spirit,” he observes. Circumventing government spies or corporate overlords may be the initial lure of Solid, but the bigger draw will be something even more appealing to hackers: freedom. In the centralized web, data is kept in silos–controlled by the companies that build them, like Facebook and Google. In the decentralized web, there are no silos.Starting this week, developers around the world will be able to start building their own decentralized apps with tools through the Inrupt site. Berners-Lee will spend this fall crisscrossing the globe, giving tutorials and presentations to developers about Solid and Inrupt.
  • When asked about this, Berners-Lee says flatly: “We are not talking to Facebook and Google about whether or not to introduce a complete change where all their business models are completely upended overnight. We are not asking their permission.”Game on.
Paul Merrell

From Radio to Porn, British Spies Track Web Users' Online Identities - 1 views

theintercept.com/...ck-web-users-online-identities

surveillance state GCHQ Black-Hole

shared by Paul Merrell on 27 Sep 15 - No Cached
  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
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  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
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