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Paul Merrell

Senate majority whip: Cyber bill will have to wait until fall | TheHill - 0 views

  • Senate Majority Whip John Cornyn (R-Texas) on Tuesday said the upper chamber is unlikely to move on a stalled cybersecurity bill before the August recess.Senate Republican leaders, including Cornyn, had been angling to get the bill — known as the Cybersecurity Information Sharing Act (CISA) — to the floor this month.ADVERTISEMENTBut Cornyn said that there is simply too much of a time crunch in the remaining legislative days to get to the measure, intended to boost the public-private exchange of data on hackers.  “I’m sad to say I don’t think that’s going to happen,” he told reporters off the Senate floor. “The timing of this is unfortunate.”“I think we’re just running out time,” he added.An aide for Senate Majority Leader Mitch McConnell (R-Ky.) said he had not committed to a specific schedule after the upper chamber wraps up work in the coming days on a highway funding bill.Cornyn said Senate leadership will look to move on the bill sometime after the legislature returns in September from its month-long break.
  • The move would delay yet again what’s expected to be a bruising floor fight about government surveillance and digital privacy rights.“[CISA] needs a lot of work,” Sen. Patrick Leahy (D-Vt.), who currently opposes the bill, told The Hill on Tuesday. “And when it comes up, there’s going to have to be a lot of amendments otherwise it won’t pass.”Despite industry support, broad bipartisan backing, and potentially even White House support, CISA has been mired in the Senate for months over privacy concerns.Civil liberties advocates worry the bill would create another venue for the government’s intelligence wing to collect sensitive data on Americans only months after Congress voted to rein in surveillance powers.But industry groups and many lawmakers insist a bolstered data exchange is necessary to better understand and counter the growing cyber threat. Inaction will leave government and commercial networks exposed to increasingly dangerous hackers, they say.Sen. Ron Wyden (D-Ore.), who has been leading the chorus opposing the bill, rejoiced Tuesday after hearing of the likely delay.
  • “I really want to commend the advocates for the tremendous grassroots effort to highlight the fact that this bill was badly flawed from a privacy standpoint,” he told The Hill.Digital rights and privacy groups are blanketing senators’ offices this week with faxes and letters in an attempt to raise awareness of bill’s flaws.“Our side has picked up an enormous amount of support,” Wyden said.Wyden was the only senator to vote against CISA in the Senate Intelligence Committee. The panel approved the measure in March by a 14-1 vote and it looked like CISA was barrelling toward the Senate floor.After the House easily passed its companion pieces of legislation, CISA’s odds only seemed better.But the measure got tied up in the vicious debate over the National Security Agency's (NSA) spying powers that played out throughout April and May.“It’s like a number of these issues, in the committee the vote was 14-1, everyone says, ‘oh, Ron Wyden opposes another bipartisan bill,’” Wyden said Tuesday. “And I said, ‘People are going to see that this is a badly flawed bill.’”
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  • CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.
  • There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.
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    NSA and crew decide to delay and try later with CISA. The Internet strikes back again.
Gonzalo San Gil, PhD.

Intellectual Property? Why Words Matter In The Copyright Debate - TorrentFreak - 0 views

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    " Rick Falkvinge on September 13, 2015 C: 53 Opinion Language matters. Whether we get to keep our liberties or not depends on whether those liberties are generally named in positive words. The same thing goes for the privileges of corporations."
Paul Merrell

AT&T ups the ante in speech recognition | Signal Strength - CNET News - 2 views

  • It's developed a core technology platform, known as Watson, which is a cloud-based system of services that not only identifies words but interprets meaning and context to deliver more accurate results. The system itself is built on servers that model and compare speech to recorded voices. Watson is an evolving platform that with more data is able to adapt and learn so that it continues to improve accuracy and also cross reference data to use speech as input for getting to all kinds of communication and data. "We are really on the cusp of a technology revolution in speech and language technology," said Mazin Gilbert, executive director of speech and language technology at AT&T Labs. "It's no longer about simply trying to get the words right. It's about adding intelligence to interpret what is being said and then using that to apply to other modes of communication, such as text or video."
  • The system is designed to get more accurate over time as it learns the speech patterns of large numbers of users.
Gary Edwards

Nokia and Google: Too much emphasis on the mobile OS? | ge TalkBack on ZDNet - 0 views

  • It's the document model! There is nothing wrong with RiA. Adobe is doing great stuff, and they fully support the WebKit flow document model in their RiA. Silverlight on the other hand is a true threat to the Open Web because it implements uniquely proprietary format, protocol and interface alternatives. The problem with AJAX is that it's difficult to scale. Advancing JavaScript libraries, structured WebKit, BrowserPlus and Google's GWT-Google Gears promise to tame that problem. At the end of the day though, i see AJAX as an important aspect of the browser as an RiA runtime engine. Here's what concerns me; 500 million MSOffice desktops that anchor most of the world's client/server business processes speak XAML "fixed/flow". These desktops are the information pumps for billions of business critical documents. And they do not speak the language of the Open Web. They speak the language of the Microsoft Web-Stack and Mesh services.
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    Response to questions about RiA vs AJAX.
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Paul Merrell

W3C Standards Make Mobile Web Experience More Inviting - 0 views

  • W3C today announced new standards that will make it easier for people to browse the Web on mobile devices. Mobile Web Best Practices 1.0, published as a W3C Recommendation, condenses the experience of many mobile Web stakeholders into practical advice on creating mobile-friendly content.
  • Until today, content developers faced an additional challenge: a variety of mobile markup languages to choose from. With the publication of the XHTML Basic 1.1 Recommendation today, the preferred format specification of the Best Practices, there is now a full convergence in mobile markup languages, including those developed by the Open Mobile Alliance (OMA). The W3C mobileOK checker (beta), when used with the familiar W3C validator, helps developers test mobile-friendly Web content.
  • W3C is also developing resources to help authors understand how to create content that is both mobile-friendly and accessible to people with disabilities. A draft of Relationship between Mobile Web Best Practices (MWBP) and Web Content Accessibility Guidelines (WCAG) is jointly published by the The Mobile Web Best Practices Working Group and WAI's Education & Outreach Working Group (EOWG).
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    Most quality online stores. Know whether you are a trusted online retailer in the world. Whatever we can buy very good quality. and do not hesitate. Everything is very high quality. Including clothes, accessories, bags, cups. Highly recommended. This is one of the trusted online store in the world. View now www.retrostyler.com
Paul Merrell

Microsoft breaks IE8 interoperability promise | The Register - 0 views

  • In March, Microsoft announced that their upcoming Internet Explorer 8 would: "use its most standards compliant mode, IE8 Standards, as the default." Note the last word: default. Microsoft argued that, in light of their newly published interoperability principles, it was the right thing to do. This declaration heralded an about-face and was widely praised by the web standards community; people were stunned and delighted by Microsoft's promise. This week, the promise was broken. It lasted less than six months. Now that Internet Explorer IE8 beta 2 is released, we know that many, if not most, pages viewed in IE8 will not be shown in standards mode by default.
  • How many pages are affected by this change? Here's the back of my envelope: The PC market can be split into two segments — the enterprise market and the home market. The enterprise market accounts for around 60 per cent of all PCs sold, while the home market accounts for the remaining 40 per cent. Within enterprises, intranets are used for all sorts of things and account for, perhaps, 80 per cent of all page views. Thus, intranets account for about half of all page views on PCs!
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    Article by Hakon Lie of Opera Software. Also note that acdcording to the European Commission, "As for the tying of separate software products, in its Microsoft judgment of 17 September 2007, the Court of First Instance confirmed the principles that must be respected by dominant companies. In a complaint by Opera, a competing browser vendor, Microsoft is alleged to have engaged in illegal tying of its Internet Explorer product to its dominant Windows operating system. The complaint alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system." http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/19&format=HTML&aged=0&language=EN&guiLanguage=en
Gary Edwards

WebKit and Java: James Gosling on JWebPane - 0 views

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    James Gosling was asked an interesting question about the future of Java. Question: "if he had a magic wand and could change anything in the Java ecosystem (platform, language etc) what would it be? His answer was getting WebKit into the Java platform via JWebPane!

    One can only hope that Java RiA can successfully the WebKit graphical interface and visual document model with the same multi-touch, multi-modal artistry as Apple's iPhone and Safari.

    Adobe is similarly trying to enable the WebKit layout and visual document model in AiR. So far it's just ok. Based on the Flash-Flex runtime engine, AiR does have problems with multi-touch and multi-modal WebKit interface features. How Adobe deals with the inherent conflicts between canvas/JavaScript and Flash SWF also remains to be seen.
Gary Edwards

Adamac Attack!: Evolution Revolution - 0 views

  • HTTP as a universal calling convention is pretty interesting. We already have tons of web services in the cloud using HTTP to communicate with one another - why not extend this to include local code talking with other components. The iPhone already supports a form of this IPC using the URL handlers, basically turning your application into a web server. BugLabs exposes interfaces to its various embedded device modules through web services. It has even been suggested in the literature that every object could embed a web server. Why not use this mechanism for calling that object's methods?
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    Given the increasing number of platforms supporting Javascript + HTTP + HTML5, it's not inconceivable that "write-once, run anywhere" might come closer to fruition with this combo than Java ever achieved. Here's how this architecture plays out in my mind. Javascript is the core programming language. Using a HTTP transport and JSON data format, components in different processes can perform RPCs to one another. HTML5 features like local storage and the application cache allow for an offline story (the latest build of Safari on iPhone supports this). And of course, HTML + CSS allows for a common UI platform.
Paul Merrell

XHTML Modularization 1.1 Released as W3C Recommendation - 0 views

  • XHTML Modularization is a decomposition of XHTML 1.0, and by reference HTML 4, into a collection of abstract modules that provide specific types of functionality.
  • The modularization of XHTML refers to the task of specifying well-defined sets of XHTML elements that can be combined and extended by document authors, document type architects, other XML standards specifications, and application and product designers to make it economically feasible for content developers to deliver content on a greater number and diversity of platforms. Over the last couple of years, many specialized markets have begun looking to HTML as a content language. There is a great movement toward using HTML across increasingly diverse computing platforms. Currently there is activity to move HTML onto mobile devices (hand held computers, portable phones, etc.), television devices (digital televisions, TV-based Web browsers, etc.), and appliances (fixed function devices). Each of these devices has different requirements and constraints.
  • XHTML Modularization is a decomposition of XHTML 1.0, and by reference HTML 4, into a collection of abstract modules that provide specific types of functionality. These abstract modules are implemented in this specification using the XML Schema and XML Document Type Definition languages. The rules for defining the abstract modules, and for implementing them using XML Schemas and XML DTDs, are also defined in this document. These modules may be combined with each other and with other modules to create XHTML subset and extension document types that qualify as members of the XHTML-family of document types.
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  • Modularizing XHTML provides a means for product designers to specify which elements are supported by a device using standard building blocks and standard methods for specifying which building blocks are used. These modules serve as "points of conformance" for the content community. The content community can now target the installed base that supports a certain collection of modules, rather than worry about the installed base that supports this or that permutation of XHTML elements. The use of standards is critical for modularized XHTML to be successful on a large scale. It is not economically feasible for content developers to tailor content to each and every permutation of XHTML elements. By specifying a standard, either software processes can autonomously tailor content to a device, or the device can automatically load the software required to process a module. Modularization also allows for the extension of XHTML's layout and presentation capabilities, using the extensibility of XML, without breaking the XHTML standard. This development path provides a stable, useful, and implementable framework for content developers and publishers to manage the rapid pace of technological change on the Web.
Paul Merrell

OWL 2 Web Ontology Language:New Features and Rationale - 0 views

  • Abstract OWL 2 extends the W3C OWL Web Ontology Language with a small but useful set of features that have been requested by users, for which effective reasoning algorithms are now available, and that OWL tool developers are willing to support. The new features include extra syntactic sugar, additional property and qualified cardinality constructors, extended datatype support, simple metamodeling, and extended annotations. This document is a simple introduction to the new features of the OWL 2 Web Ontology Language, including an explanation of its differences with respect to OWL 1. It also presents the requirements that have motivated the design of the main new features, and their rationale from a theoretical and implementation perspective.
Gary Edwards

The Next-Gen Web: HTML5 - Will We Ever See A Real Standard? - 0 views

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    "...some browsers and plug-ins were adopting storage-related API's that are a part of the new HTML5 draft specification. While Gears, Opera and Webkit have implemented structured storage API's, the remainder of the HTML5 spec currently remains mostly unimplemented and also in a state of flux. HTML5 is a super-sized effort to bring all the browsers under a single, standard markup language and set of API's - but with Microsoft, Adobe and others racing ahead with their own next-gen web technologies, will we ever see a real HTML5 standard?" This article was posted in August of 2008, before the surprise release of the WebKit based "Google Chrome" .... the WebKit RiA alternative to Adobe AiR and Microsoft Silverlight
Paul Merrell

Goggles turns Android into pocket translator - Google 24/7 - Fortune Tech - 2 views

  • Google's Goggles mobile application has always been a fun tool.  The idea is that if you snap a picture and upload it to Google (as well as your location/time), Google could present more about that object, and by extension, your surroundings.  It isn't always terribly accurate in identifying what is in the picture, but the results are sometimes helpful, if not amusing. Today, Goggles got a very specific use feature that will help travelers and readers of foreign language texts immensely.  Now you can point your Android camera at a sign, book, or any sort of foreign word, snap a picture,  and get a translation.  Google uses optical character recognition, or OCR, to turn the image into words, and then uses its translation services to turn those words into a language you recognize
Gonzalo San Gil, PhD.

Monkey's selfie cannot be copyrighted, US regulators say | Ars Technica - 1 views

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    "United States copyright regulators are agreeing with Wikipedia's conclusion that a monkey's selfie cannot be copyrighted by a nature photographer whose camera was swiped by the ape in the jungle. The animal's selfie went viral." # Remember 'The Monkey Mess'... http://www.itworld.com/it-management/430392/monkey-selfie-aboriginal-language-among-wikipedia-copyright-takedown-requests?source=ITWNLE_nlt_tonight_2014-08-06
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    "United States copyright regulators are agreeing with Wikipedia's conclusion that a monkey's selfie cannot be copyrighted by a nature photographer whose camera was swiped by the ape in the jungle. The animal's selfie went viral."
Gonzalo San Gil, PhD.

Snark attack: University students teach software to detect sarcasm | Ars Technica UK - 0 views

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    "A team of students participating in Cornell University's Tech Challenge program has developed a machine learning application that attempts to break the final frontier in language processing-identifying sarcasm. This could change everything… maybe."
Gonzalo San Gil, PhD.

A digital freedom strategy in EU foreign policy | Europarlament - 0 views

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    [Texts adopted - Tuesday, 11 December 2012 - - P7_TA-PROV(2012)0470 ]
Gonzalo San Gil, PhD.

HTML5.1 begins to take shape on GitHub | InfoWorld - 0 views

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    "The next generation of the Web standard is using a GitHub repo for feedback and suggestions"
Gonzalo San Gil, PhD.

EUROPA - Press Releases - Digital Agenda: Commission opens public consultation on prese... - 0 views

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    [The European Commission is today launching a public consultation seeking answers to questions on transparency, switching and certain aspects of internet traffic management, with a view to its commitment to preserve the open and neutral character of the Internet. These questions have emerged as key issues in the "net neutrality" debate that has taken place in Europe over the past years, including the recent findings of the Body of European Regulators of European Communications (BEREC). ...]
Gary Edwards

Blog | Spritz - 0 views

  • Therein lies one of the biggest problems with traditional RSVP. Each time you see text that is not centered properly on the ORP position, your eyes naturally will look for the ORP to process the word and understand its meaning. This requisite eye movement creates a “saccade”, a physical eye movement caused by your eyes taking a split second to find the proper ORP for a word. Every saccade has a penalty in both time and comprehension, especially when you start to speed up reading. Some saccades are considered by your brain to be “normal” during reading, such as when you move your eye from left to right to go from one ORP position to the next ORP position while reading a book. Other saccades are not normal to your brain during reading, such as when you move your eyes right to left to spot an ORP. This eye movement is akin to trying to read a line of text backwards. In normal reading, you normally won’t saccade right-to-left unless you encounter a word that your brain doesn’t already know and you go back for another look; those saccades will increase based on the difficulty of the text being read and the percentage of words within it that you already know. And the math doesn’t look good, either. If you determined the length of all the words in a given paragraph, you would see that, depending on the language you’re reading, there is a low (less than 15%) probability of two adjacent words being the same length and not requiring a saccade when they are shown to you one at a time. This means you move your eyes on a regular basis with traditional RSVP! In fact, you still move them with almost every word. In general, left-to-right saccades contribute to slower reading due to the increased travel time for the eyeballs, while right-to-left saccades are discombobulating for many people, especially at speed. It’s like reading a lot of text that contains words you don’t understand only you DO understand the words! The experience is frustrating to say the least.
  • In addition to saccading, another issue with RSVP is associated with “foveal vision,” the area in focus when you look at a sentence. This distance defines the number of letters on which your eyes can sharply focus as you read. Its companion is called “parafoveal vision” and refers to the area outside foveal vision that cannot be seen sharply.
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    "To understand Spritz, you must understand Rapid Serial Visual Presentation (RSVP). RSVP is a common speed-reading technique used today. However, RSVP was originally developed for psychological experiments to measure human reactions to content being read. When RSVP was created, there wasn't much digital content and most people didn't have access to it anyway. The internet didn't even exist yet. With traditional RSVP, words are displayed either left-aligned or centered. Figure 1 shows an example of a center-aligned RSVP, with a dashed line on the center axis. When you read a word, your eyes naturally fixate at one point in that word, which visually triggers the brain to recognize the word and process its meaning. In Figure 1, the preferred fixation point (character) is indicated in red. In this figure, the Optimal Recognition Position (ORP) is different for each word. For example, the ORP is only in the middle of a 3-letter word. As the length of a word increases, the percentage that the ORP shifts to the left of center also increases. The longer the word, the farther to the left of center your eyes must move to locate the ORP."
Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
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    Woo-hoo! Go get'em, U.N.
Paul Merrell

Another judge upholds NSA call tracking - POLITICO.com - 0 views

  • A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans. The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution. Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment. In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.
  • "The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton. Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long. "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls. Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.
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    A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.
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