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Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
Paul Merrell

Revealed: How DOJ Gagged Google over Surveillance of WikiLeaks Volunteer - The Intercept - 0 views

  • The Obama administration fought a legal battle against Google to secretly obtain the email records of a security researcher and journalist associated with WikiLeaks. Newly unsealed court documents obtained by The Intercept reveal the Justice Department won an order forcing Google to turn over more than one year’s worth of data from the Gmail account of Jacob Appelbaum (pictured above), a developer for the Tor online anonymity project who has worked with WikiLeaks as a volunteer. The order also gagged Google, preventing it from notifying Appelbaum that his records had been provided to the government. The surveillance of Appelbaum’s Gmail account was tied to the Justice Department’s long-running criminal investigation of WikiLeaks, which began in 2010 following the transparency group’s publication of a large cache of U.S. government diplomatic cables. According to the unsealed documents, the Justice Department first sought details from Google about a Gmail account operated by Appelbaum in January 2011, triggering a three-month dispute between the government and the tech giant. Government investigators demanded metadata records from the account showing email addresses of those with whom Appelbaum had corresponded between the period of November 2009 and early 2011; they also wanted to obtain information showing the unique IP addresses of the computers he had used to log in to the account.
  • The Justice Department argued in the case that Appelbaum had “no reasonable expectation of privacy” over his email records under the Fourth Amendment, which protects against unreasonable searches and seizures. Rather than seeking a search warrant that would require it to show probable cause that he had committed a crime, the government instead sought and received an order to obtain the data under a lesser standard, requiring only “reasonable grounds” to believe that the records were “relevant and material” to an ongoing criminal investigation. Google repeatedly attempted to challenge the demand, and wanted to immediately notify Appelbaum that his records were being sought so he could have an opportunity to launch his own legal defense. Attorneys for the tech giant argued in a series of court filings that the government’s case raised “serious First Amendment concerns.” They noted that Appelbaum’s records “may implicate journalistic and academic freedom” because they could “reveal confidential sources or information about WikiLeaks’ purported journalistic or academic activities.” However, the Justice Department asserted that “journalists have no special privilege to resist compelled disclosure of their records, absent evidence that the government is acting in bad faith,” and refused to concede Appelbaum was in fact a journalist. It claimed it had acted in “good faith throughout this criminal investigation, and there is no evidence that either the investigation or the order is intended to harass the … subscriber or anyone else.” Google’s attempts to fight the surveillance gag order angered the government, with the Justice Department stating that the company’s “resistance to providing the records” had “frustrated the government’s ability to efficiently conduct a lawful criminal investigation.”
  • Google accused the government of hyperbole and argued that the backlash over the Twitter order did not justify secrecy related to the Gmail surveillance. “Rather than demonstrating how unsealing the order will harm its well-publicized investigation, the government lists a parade of horribles that have allegedly occurred since it unsealed the Twitter order, yet fails to establish how any of these developments could be further exacerbated by unsealing this order,” wrote Google’s attorneys. “The proverbial toothpaste is out of the tube, and continuing to seal a materially identical order will not change it.” But Google’s attempt to overturn the gag order was denied by magistrate judge Ivan D. Davis in February 2011. The company launched an appeal against that decision, but this too was rebuffed, in March 2011, by District Court judge Thomas Selby Ellis, III.
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  • The Justice Department wanted to keep the surveillance secret largely because of an earlier public backlash over its WikiLeaks investigation. In January 2011, Appelbaum and other WikiLeaks volunteers’ – including Icelandic parlimentarian Birgitta Jonsdottir – were notified by Twitter that the Justice Department had obtained data about their accounts. This disclosure generated widepread news coverage and controversy; the government says in the unsealed court records that it “failed to anticipate the degree of  damage that would be caused” by the Twitter disclosure and did not want to “exacerbate this problem” when it went after Appelbaum’s Gmail data. The court documents show the Justice Department said the disclosure of its Twitter data grab “seriously jeopardized the [WikiLeaks] investigation” because it resulted in efforts to “conceal evidence” and put public pressure on other companies to resist similar surveillance orders. It also claimed that officials named in the subpeona ordering Twitter to turn over information were “harassed” after a copy was published by Intercept co-founder Glenn Greenwald at Salon in 2011. (The only specific evidence of the alleged harassment cited by the government is an email that was sent to an employee of the U.S. Attorney’s office that purportedly said: “You guys are fucking nazis trying to controll [sic] the whole fucking world. Well guess what. WE DO NOT FORGIVE. WE DO NOT FORGET. EXPECT US.”)
  • The government agreed to unseal some of the court records on Apr. 1 this year, and they were apparently turned over to Appelbaum on May 14 through a notification sent to his Gmail account. The files were released on condition that they would contain some redactions, which are bizarre and inconsistent, in some cases censoring the name of “WikiLeaks” from cited public news reports. Not all of the documents in the case – such as the original surveillance orders contested by Google – were released as part of the latest disclosure. Some contain “specific and sensitive details of the investigation” and “remain properly sealed while the grand jury investigation continues,” according to the court records from April this year. Appelbaum, an American citizen who is based in Berlin, called the case “a travesty that continues at a slow pace” and said he felt it was important to highlight “the absolute madness in these documents.”
  • He told The Intercept: “After five years, receiving such legal documents is neither a shock nor a needed confirmation. … Will we ever see the full documents about our respective cases? Will we even learn the names of those signing so-called legal orders against us in secret sealed documents? Certainly not in a timely manner and certainly not in a transparent, just manner.” The 32-year-old, who has recently collaborated with Intercept co-founder Laura Poitras to report revelations about National Security Agency surveillance for German news magazine Der Spiegel, said he plans to remain in Germany “in exile, rather than returning to the U.S. to experience more harassment of a less than legal kind.”
  • “My presence in Berlin ensures that the cost of physically harassing me or politically harassing me is much higher than when I last lived on U.S. soil,” Appelbaum said. “This allows me to work as a journalist freely from daily U.S. government interference. It also ensures that any further attempts to continue this will be forced into the open through [a Mutal Legal Assistance Treaty] and other international processes. The German goverment is less likely to allow the FBI to behave in Germany as they do on U.S. soil.” The Justice Department’s WikiLeaks investigaton is headed by prosecutors in the Eastern District of Virginia. Since 2010, the secretive probe has seen activists affiliated with WikiLeaks compelled to appear before a grand jury and the FBI attempting to infiltrate the group with an informant. Earlier this year, it was revealed that the government had obtained the contents of three core WikiLeaks staffers’ Gmail accounts as part of the investigation.
Paul Merrell

Privacy Shield Program Overview | Privacy Shield - 0 views

  • EU-U.S. Privacy Shield Program Overview The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, the European Commission deemed the Privacy Shield Framework adequate to enable data transfers under EU law (see the adequacy determination). The Privacy Shield program, which is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, enables U.S.-based organizations to join the Privacy Shield Framework in order to benefit from the adequacy determination. To join the Privacy Shield Framework, a U.S.-based organization will be required to self-certify to the Department of Commerce (via this website) and publicly commit to comply with the Framework’s requirements. While joining the Privacy Shield Framework is voluntary, once an eligible organization makes the public commitment to comply with the Framework’s requirements, the commitment will become enforceable under U.S. law. All organizations interested in joining the Privacy Shield Framework should review its requirements in their entirety. To assist in that effort, Commerce’s Privacy Shield Team has compiled resources and addressed frequently asked questions below. ResourcesKey New Requirements for Participating Organizations How to Join the Privacy ShieldPrivacy Policy FAQs Frequently Asked Questions
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    I got a notice from Dropbox tonight that it is now certified under this program. This program is fallout from an E.U. Court of Justice decision following the Snowden disclosures, holding that the then existing U.S.-E.U. framework for ptoecting the rights of E.U. citozens' data were invalid because that framework did not adequately protect digital privacy rights. This new framework is intended to comoply with the court's decision but one need only look at section 5 of the agreement to see that it does not. Expect follow-on litigation. THe agreement is at https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg Section 5 lets NSA continue to intercept and read data from E.U. citizens and also allows their data to be disclosed to U.S. law enforcement. And the agreement adds nothing to U.S. citizens' digital privacy rights. In my view, this framework is a stopgap measure that will only last as long as it takes for another case to reach the Court of Justice and be ruled upon. The ox that got gored by the Court of Justice ruling was U.S. company's ability to store E.U. citizens' data outside the E.U. and to allow internet traffic from the E.U. to pass through the U.S. Microsoft had leadership that set up new server farms in Europe under the control of a business entity beyond the jurisdiction of U.S. courts. Other I/.S. internet biggies didn't follow suit. This framework is their lifeline until the next ruling by the Court of Justice.
Paul Merrell

Joint - Dear Colleague Letter: Electronic Book Readers - 0 views

  • U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights
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    June 29, 2010 Dear College or University President: We write to express concern on the part of the Department of Justice and the Department of Education that colleges and universities are using electronic book readers that are not accessible to students who are blind or have low vision and to seek your help in ensuring that this emerging technology is used in classroom settings in a manner that is permissible under federal law. A serious problem with some of these devices is that they lack an accessible text-to-speech function. Requiring use of an emerging technology in a classroom environment when the technology is inaccessible to an entire population of individuals with disabilities - individuals with visual disabilities - is discrimination prohibited by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) unless those individuals are provided accommodations or modifications that permit them to receive all the educational benefits provided by the technology in an equally effective and equally integrated manner. ... The Department of Justice recently entered into settlement agreements with colleges and universities that used the Kindle DX, an inaccessible, electronic book reader, in the classroom as part of a pilot study with Amazon.com, Inc. In summary, the universities agreed not to purchase, require, or recommend use of the Kindle DX, or any other dedicated electronic book reader, unless or until the device is fully accessible to individuals who are blind or have low vision, or the universities provide reasonable accommodation or modification so that a student can acquire the same information, engage in the same interactions, and enjoy the same services as sighted students with substantially equivalent ease of use. The texts of these agreements may be viewed on the Department of Justice's ADA Web site, www.ada.gov. (To find these settlements on www.ada.gov, search for "Kindle.") Consisten
Gonzalo San Gil, PhD.

Despite Administration's Promises, Most Government Transparency Still The Work Of Whist... - 0 views

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    "from the the-government-can-doxx-you,-but-not-itself dept Meet the new transparency/Same as the old transparency: The Justice Department has kept classified at least 74 opinions, memos and letters on national security issues, including interrogation, detention and surveillance, according to a report released Tuesday by the Brennan Center for Justice."
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    "from the the-government-can-doxx-you,-but-not-itself dept Meet the new transparency/Same as the old transparency: The Justice Department has kept classified at least 74 opinions, memos and letters on national security issues, including interrogation, detention and surveillance, according to a report released Tuesday by the Brennan Center for Justice."
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Eric Holder: The Justice Department could strike deal with Edward Snowden - 0 views

  • Eric Holder: The Justice Department could strike deal with Edward SnowdenMichael IsikoffChief Investigative CorrespondentJuly 6, 2015Former U.S. Attorney General Eric Holder. (Photo: Olivier Douliery-Pool/Getty) Former Attorney General Eric Holder said today that a “possibility exists” for the Justice Department to cut a deal with former NSA contractor Edward Snowden that would allow him to return to the United States from Moscow. In an interview with Yahoo News, Holder said “we are in a different place as a result of the Snowden disclosures” and that “his actions spurred a necessary debate” that prompted President Obama and Congress to change policies on the bulk collection of phone records of American citizens. Asked if that meant the Justice Department might now be open to a plea bargain that allows Snowden to return from his self-imposed exile in Moscow, Holder replied: “I certainly think there could be a basis for a resolution that everybody could ultimately be satisfied with. I think the possibility exists.”
  • But his remarks to Yahoo News go further than any current or former Obama administration official in suggesting that Snowden’s disclosures had a positive impact and that the administration might be open to a negotiated plea that the self-described whistleblower could accept, according to his lawyer Ben Wizner.
  • It’s also not clear whether Holder’s comments signal a shift in Obama administration attitudes that could result in a resolution of the charges against Snowden. Melanie Newman, chief spokeswoman for Attorney General Loretta Lynch, Holder’s successor, immediately shot down the idea that the Justice Department was softening its stance on Snowden. “This is an ongoing case so I am not going to get into specific details but I can say our position regarding bringing Edward Snowden back to the United States to face charges has not changed,” she said in an email.
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  • Three sources familiar with informal discussions of Snowden’s case told Yahoo News that one top U.S. intelligence official, Robert Litt, the chief counsel to Director of National Intelligence James Clapper, recently privately floated the idea that the government might be open to a plea bargain in which Snowden returns to the United States, pleads guilty to one felony count and receives a prison sentence of three to five years in exchange for full cooperation with the government.
Gonzalo San Gil, PhD.

No, Department of Justice, 80 Percent of Tor Traffic Is Not Child Porn | WIRED [# ! Via... - 0 views

  • The debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography.
  • he debate over online anonymity, and all the whistleblowers, trolls, anarchists, journalists and political dissidents it enables, is messy enough. It doesn’t need the US government making up bogus statistics about how much that anonymity facilitates child pornography. At the State of the Net conference in Washington on Tuesday, US assistant attorney general Leslie Caldwell discussed what she described as the dangers of encryption and cryptographic anonymity tools like Tor, and how those tools can hamper law enforcement. Her statements are the latest in a growing drumbeat of federal criticism of tech companies and software projects that provide privacy and anonymity at the expense of surveillance. And as an example of the grave risks presented by that privacy, she cited a study she said claimed an overwhelming majority of Tor’s anonymous traffic relates to pedophilia. “Tor obviously was created with good intentions, but it’s a huge problem for law enforcement,” Caldwell said in comments reported by Motherboard and confirmed to me by others who attended the conference. “We understand 80 percent of traffic on the Tor network involves child pornography.” That statistic is horrifying. It’s also baloney.
  • In a series of tweets that followed Caldwell’s statement, a Department of Justice flack said Caldwell was citing a University of Portsmouth study WIRED covered in December. He included a link to our story. But I made clear at the time that the study claimed 80 percent of traffic to Tor hidden services related to child pornography, not 80 percent of all Tor traffic. That is a huge, and important, distinction. The vast majority of Tor’s users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what’s often referred to as the “dark web,” use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software’s creators at the non-profit Tor Project. The University of Portsmouth study dealt exclusively with visits to hidden services. In contrast to Caldwell’s 80 percent claim, the Tor Project’s director Roger Dingledine pointed out last month that the study’s pedophilia findings refer to something closer to a single percent of Tor’s overall traffic.
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  • So to whoever at the Department of Justice is preparing these talking points for public consumption: Thanks for citing my story. Next time, please try reading it.
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    [# Via Paul Merrell's Diigo...] "That is a huge, and important, distinction. The vast majority of Tor's users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what's often referred to as the "dark web," use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software's creators at the non-profit Tor Project."
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    [# Via Paul Merrell's Diigo...] "That is a huge, and important, distinction. The vast majority of Tor's users run the free anonymity software while visiting conventional websites, using it to route their traffic through encrypted hops around the globe to avoid censorship and surveillance. But Tor also allows websites to run Tor, something known as a Tor hidden service. This collection of hidden sites, which comprise what's often referred to as the "dark web," use Tor to obscure the physical location of the servers that run them. Visits to those dark web sites account for only 1.5 percent of all Tor traffic, according to the software's creators at the non-profit Tor Project."
Gonzalo San Gil, PhD.

Pirate Bay Blocking Case Heard By European Court of Justice - TorrentFreak - 0 views

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    " Andy on October 28, 2016 C: 27 Breaking The European Court of Justice (ECJ) has just heard a long-running case involving The Pirate Bay, Dutch anti-piracy group BREIN, and a pair of local ISPs. Should the infamous torrent site be blocked at the ISP level, even though it may not be a direct infringer itself?"
Paul Merrell

WhatsApp Encryption Said to Stymie Wiretap Order - The New York Times - 0 views

  • While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said. No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.
  • As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.
  • To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.
Gonzalo San Gil, PhD.

EU Court of Justice: Censorship in Name of Copyright Violates Fundamental Rights | La Q... - 2 views

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    [Paris, November 24th, 2011 - The European Court of Justice just rendered a historic decision in the Scarlet Extended case, which is crucial for the future of rights and freedoms on the Internet. The Court ruled that forcing Internet service providers to monitor and censor their users' communications violated EU law, and in particular the right to freedom of communication. At a time of all-out offensive in the war against culture sharing online, this decision suggests that censorship measures requested by the entertainment industry are disproportionate means to enforce an outdated copyright regime. Policy-makers across Europe must take this decision into account by refusing new repressive schemes, such as the Anti-Counterfeiting Trade Agreement (ACTA), and engage in a much needed reform of copyright.]
Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 1 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
Paul Merrell

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

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

European Court of Justice rules against mass data retention in EU | News | DW.COM | 21.... - 0 views

  • The ECJ has ruled that governments cannot force telecom firms to keep all customer data. The ruling, which says the laws violate basic privacy rights, comes as governments call for greater powers for spy agencies.
  • The Court of Justice of the European Union (ECJ) ruled on Wednesday that laws allowing for the blanket collection and retention of location and traffic data are in breach of EU law. In their decision, the justices wrote that storing such data, which includes text message senders and recipients and call histories, allows for "very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained." "Such national legislation exceeds the limits of what is strictly necessary and cannot be considered to be justified within a democratic society," the Luxembourg-based court said. EU member states seeking to fight a "serious crime" are allowed to retain data in a targeted manner but must be subject to prior review by a court or independent body, the EU's top court said. Exceptions can be made in urgent cases. The decision came amidst growing calls from EU governments for security agencies to be given greater powers with the goal of preventing or investigating attacks. Privacy advocates, on the other hand, said mass data retention is ineffective in combating such crimes.
  • The court's decision was a response to challenges against data retention laws in Britain and Sweden on the ground that they were no longer valid after the court previously struck down an EU-wide data retention law in 2014. In Sweden, the law requires telecommunications companies to retain all their customers' traffic and location data, without exception, the ECJ said. British law allows authorities to ask firms to keep all communication data for a maximum 12-month period. In the UK, politicians filed a legal challenge against a surveillance law which passed in 2014, part of which was suspended by a British court. British lawmakers then passed the Investigatory Powers Act - the so-called "snooper's charter." A German data retention law, which came into effect at the end of 2015, requires telecommunications companies to store telephone and internet use for 10 weeks, after which point the data must be deleted. The German law also stipulates a shorter storage time of four weeks for location data which results from mobile phone calls. It remains to be seen what effect the ECJ ruling will have on Germany's blanket data retention measures.
Paul Merrell

EU-US Personal Data Privacy Deal 'Cracked Beyond Repair' - 0 views

  • Privacy Shield is the proposed new deal between the EU and the US that is supposed to safeguard all personal data on EU citizens held on computer systems in the US from being subject to mass surveillance by the US National Security Agency. The data can refer to any transaction — web purchases, cars or clothing — involving an EU citizen whose data is held on US servers. Privacy groups say Privacy Shield — which replaces the Safe Harbor agreement ruled unlawful in October 2015 — does not meet strict EU standard on the use of personal data. Monique Goyens, Director General of the European Consumer Organization (BEUC) told Sputnik: “We consider that the shield is cracked beyond repair and is unlikely to stand scrutiny by the European Court of Justice. A fundamental problem remains that the US side of the shield is made of clay, not iron.”
  • The agreement has been under negotiation for months ever since the because the European Court of Justice ruled in October 2015 that the previous EU-US data agreement — Safe Harbor — was invalid. The issue arises from the strict EU laws — enshrined in the Charter of Fundamental Rights of the European Union — to the privacy of their personal data.
  • The Safe Harbor agreement was a quasi-judicial understanding that the US undertook to agree that it would ensure that EU citizens’ data on US servers would be held and protected under the same restrictions as it would be under EU law and directives. The data covers a huge array of information — from Internet and communications usage, to sales transactions, import and exports.
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  • The case arose when Maximillian Schrems, a Facebook user, lodged a complaint with the Irish Data Protection Commissioner, arguing that — in the light of the revelations by ex-CIA contractor Edward Snowden of mass surveillance by the US National Security Agency (NSA) — the transfer of data from Facebook’s Irish subsidiary onto the company’s servers in the US does not provide sufficient protection of his personal data. The court ruled that: “the Safe Harbor Decision denies the national supervisory authorities their powers where a person calls into question whether the decision is compatible with the protection of the privacy and of the fundamental rights and freedoms of individuals.”
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    Off we go for another trip to the European Court of Justice.
Gary Edwards

How the Web was almost won ... Tim O'Reilly 1998 | Salon - 0 views

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    The Justice Department's antitrust suit and Judge Jackson's finding of fact have focused on how Microsoft used its operating system dominance to wrest control of the Web browser market from Netscape. Perhaps even more significant is the untold story of Microsoft's attempts to corner the Web server market. As someone whose company competes directly with Microsoft, (we sell a Web server called WebSite that runs on Windows NT, and we are active in promoting Perl, Linux and other open-source technologies), I've been privy to some of the not-so-small details that have guided the course of this recent history. And, it seems to me that if it weren't for the work of a small group of independent open-source software developers, the Justice Department intervention might have come too late not just for Netscape but the Web as a whole.
Gonzalo San Gil, PhD.

Pirate Bay Founder Peter Sunde Shouldn't Be in Jail, MEP Says | TorrentFreak - 0 views

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    " Ernesto on August 14, 2014 C: 13 News [Julia Reda], Member of the European Parliament for the Pirate Party, will be visiting Peter Sunde in prison later today. According to Reda the Pirate Bay founder's imprisonment is a failure of a justice system that lost touch with digital culture. "The tactic of draconian deterrence against file sharing has failed," she says. "
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    " Ernesto on August 14, 2014 C: 13 News [Julia Reda], Member of the European Parliament for the Pirate Party, will be visiting Peter Sunde in prison later today. According to Reda the Pirate Bay founder's imprisonment is a failure of a justice system that lost touch with digital culture. "The tactic of draconian deterrence against file sharing has failed," she says. "
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    " Ernesto on August 14, 2014 C: 13 News [Julia Reda], Member of the European Parliament for the Pirate Party, will be visiting Peter Sunde in prison later today. According to Reda the Pirate Bay founder's imprisonment is a failure of a justice system that lost touch with digital culture. "The tactic of draconian deterrence against file sharing has failed," she says. "
Gonzalo San Gil, PhD.

Pirate Bay Founder Peter Sunde Released From Prison | TorrentFreak - 1 views

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    " Ernesto on November 10, 2014 C: 7 Breaking Former Pirate Bay spokesperson Peter Sunde is a free man again. After more than five months he was released from prison this morning. Peter is expected to take some time off to spend with family and loved ones before he continues working on making the Internet a better place." [# ! #Good #News... # ! ... but, oh, what a kind of '#Justice' # ! #imprisons #innovators...? [# ! why industry has not even thought on '#monetize' #filesharing...? # ! #clue: http://insights.wired.com/profiles/blogs/monetization-alternatives-the-cure-for-online-piracy] # ! It's Just a #matter of #control.]
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    " Ernesto on November 10, 2014 C: 7 Breaking Former Pirate Bay spokesperson Peter Sunde is a free man again. After more than five months he was released from prison this morning. Peter is expected to take some time off to spend with family and loved ones before he continues working on making the Internet a better place." [# ! #Good #News... # ! ... but, oh, what a kind of '#Justice' # ! #imprisons #innovators...? [# ! why industry has not even thought on '#monetize' #filesharing...? # ! #clue: http://insights.wired.com/profiles/blogs/monetization-alternatives-the-cure-for-online-piracy] # ! It's Just a #matter of #control.]
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

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

  • If the U.S. Department of Justice asks a New York court to force Apple Inc to unlock an iPhone, the technology company could push the government to reveal how it accessed the phone which belonged to a shooter in San Bernardino, a source familiar with the situation said.The Justice Department will disclose over the next two weeks whether it will continue with its bid to compel Apple to help access an iPhone in a Brooklyn drug case, according to a court filing on Tuesday.The Justice Department this week withdrew a similar request in California, saying it had succeeded in unlocking an iPhone used by one of the shooters involved in a rampage in San Bernardino in December without Apple's help.The legal dispute between the U.S. government and Apple has been a high-profile test of whether law enforcement should have access to encrypted phone data.
  • Apple, supported by most of the technology industry, says anything that helps authorities bypass security features will undermine security for all users. Government officials say that all kinds of criminal investigations will be crippled without access to phone data.Prosecutors have not said whether the San Bernardino technique would work for other seized iPhones, including the one at issue in Brooklyn. Should the Brooklyn case continue, Apple could pursue legal discovery that would potentially force the FBI to reveal what technique it used on the San Bernardino phone, the source said. A Justice Department representative did not have immediate comment.
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