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The Berkeley City Council is poised to vote March 13 on the Surveillance Technology Use and Community Safety Ordinance, which will significantly protect people's right to privacy and safeguard the civil liberties of Berkeley residents in this age of surveillance and Big Data. The ordinance is based on an ACLU model that was first enacted by Santa Clara County in 2016. The Los Angeles Times has editorialized that the ACLU's model ordinance approach "is so pragmatic that cities, counties, and law enforcement agencies throughout California would be foolish not to embrace it." Berkeley's Peace and Justice and Police Review commissions agreed and unanimously approved a draft that will be presented to the council on Tuesday. The ordinance requires public notice and public debate prior to seeking funding, acquiring equipment, or otherwise moving forward with surveillance technology proposals. In neighboring Oakland, we saw the negative outcome that can occur from lack of such a discussion, when the city's administration pursued funding for, and began building, the citywide surveillance network known as the Domain Awareness Center ("DAC") without community input. Ultimately, the community rejected the project, and the fallout led to the establishment of a Privacy Advisory Commission and subsequent consideration of a similar surveillance ordinance to ensure proper vetting occurs up front, not after the fact. ✖ Play VideoPauseUnmuteCurrent Time 0:00/Duration Time 0:00Loaded: 0%Progress: 0%Stream TypeLIVERemaining Time -0:00 Playback Rate1ChaptersChaptersdescriptions off, selectedDescriptionssubtitles off, selectedSubtitlescaptions settings, opens captions settings dialogcaptions off, selectedCaptionsAudio TrackFullscreenThis is a modal window.Caption Settings DialogBeginning of dialog window. Escape will cancel and close the window.

Now that the House of Representatives has floated a superficial net neutrality bill, it's the Senate's turn. Louisiana Senator John Kennedy has introduced a companion version of the Open Internet Preservation Act that effectively replicates the House measure put forward by Tennessee Representative Marsha Blackburn. As before, it supports net neutrality only on a basic level -- and there are provisions that would make it difficult to combat other abuses. The legislation would technically forbid internet providers from blocking and throttling content, but it wouldn't bar paid prioritization. Theoretically, ISPs could create de facto "slow lanes" for competing services by offering mediocre speeds unless they pay for faster connections. The bill would also curb the FCC's ability to deal with other violations, and would prevent states from passing their own net neutrality laws. In short, the bill is much more about limiting regulation than protecting open access and competition.Kennedy's bill isn't expected to go far in the Senate, just as Blackburn's hasn't done much in the House. However, his proposal comes mere days after senators put forward a Congressional Review Act that would undo the FCC's decision to kill net neutrality. Kennedy had claimed he was considering support for the CRA, but his proposal contradicts that -- why push a heavily watered-down bill if you were willing to revert to the stronger legislation? It's not a completely surprising move and is largely symbolic, but it's disappointing for those who hoped there would be truly bipartisan support for a return to net neutrality.

Google opted in the Spring not to disclose that the data of hundreds of thousands of Google+ users had been exposed because the company says they found no evidence of misuse, reports the Wall Street Journal. The Silicon Valley giant feared both regulatory scrutiny and regulatory damage, according to documents reviewed by the Journal and people briefed on the incident.  In response to being busted, Google parent Alphabet is set to announce broad privacy measures which include permanently shutting down all consumer functionality of Google+, a move which "effectively puts the final nail in the coffin of a product that was launched in 2011 to challenge Facebook, and is widely seen as one of Google's biggest failures."  Shares in Alphabet fell as much as 2.1% following the Journal's report: 

The software glitch gave outside developers access to private Google+ profile data between 2015 and March 2018, after Google internal investigators found the problem and fixed it. According to a memo prepared by Google's legal and policy staff and reviewed by the Journal, senior executives worried that disclosing the incident would probably trigger "immediate regulatory interest," while inviting comparisons to Facebook's massive data harvesting scandal. 

The European Commission, on January 24, published its guidance aimed to facilitate a direct and smooth application of the European Union’s new data protection rules across the EU as of 25 May. The Commission also launches a new online tool dedicated to SMEs.

With just over 100 days left before the application of the new law, the guidance outlines what the European Commission, national data protection authorities and national administrations, according to the Commission, should still do to bring the preparation to a successful completion. The Commission notes that while the new regulation provides for a single set of rules directly applicable in all Member States, it will still require significant adjustments in certain aspects, like amending existing laws by EU governments or setting up the European Data Protection Board by data protection authorities. The Commission states that the guidance recalls the main innovations, opportunities opened up by the new rules, takes stock of the preparatory work already undertaken and outlines the work still ahead of the European Commission, national data protection authorities and national administrations. Andrus Ansip, European Commission Vice-President for the Digital Single Market, said: “Our digital future can only be built on trust. Everyone’s privacy has to be protected. Strengthened EU data protection rules will become a reality on 25 May. It is a major step forward and we are committed to making it a success for everyone.” Vĕra Jourová, Commissioner for Justice, Consumers and Gender Equality, added:” In today’s world, the way we handle data will determine to a large extent our economic future and personal safety. We need modern rules to respond to new risks, so we call on EU governments, authorities and businesses to use the remaining time efficiently and fulfil their roles in the preparations for the big day.”

The guidance recalls the main elements of the new data protection rules: One set of rules across the continent, guaranteeing legal certainty for businesses and the same data protection level across the EU for citizens. Same rules apply to all companies offering services in the EU, even if these companies are based outside the EU. Stronger and new rights for citizens: the right to information, access and the right to be forgotten are strengthened. A new right to data portability allows citizens to move their data from one company to the other. This will give companies new business opportunities. Stronger protection against data breaches: a company experiencing a data breach, which put individuals at risk, has to notify the data protection authority within 72 hours. Rules with teeth and deterrent fines: all data protection authorities will have the power to impose fines for up to EUR 20 million or, in the case of a company, 4% of the worldwide annual turnover.

When the internet goes down, life as the modern American knows it grinds to a halt. Gone are the cute kitten photos and the Facebook status updates—but also gone are the signals telling stoplights to change from green to red, and doctors’ access to online patient records. A vast web of physical infrastructure undergirds the internet connections that touch nearly every aspect of modern life. Delicate fiber optic cables, massive data transfer stations, and power stations create a patchwork of literal nuts and bolts that facilitates the flow of zeros and ones. Now, research shows that a whole lot of that infrastructure sits squarely in the path of rising seas. (See what the planet would look like if all the ice melted.) Scientists mapped out the threads and knots of internet infrastructure in the U.S. and layered that on top of maps showing future sea level rise. What they found was ominous: Within 15 years, thousands of miles of fiber optic cable—and hundreds of pieces of other key infrastructure—are likely to be swamped by the encroaching ocean. And while some of that infrastructure may be water resistant, little of it was designed to live fully underwater. “So much of the infrastructure that's been deployed is right next to the coast, so it doesn't take much more than a few inches or a foot of sea level rise for it to be underwater,” says study coauthor Paul Barford, a computer scientist at the University of Wisconsin, Madison. “It was all was deployed 20ish years ago, when no one was thinking about the fact that sea levels might come up.”

“This will be a big problem,” says Rae Zimmerman, an expert on urban adaptation to climate change at NYU. Large parts of internet infrastructure soon “will be underwater, unless they're moved back pretty quickly.”

On a mysterious farm just above the Pacific Ocean, the group who built the internet is inviting a small number of friends to a semi-secret gathering. They describe it as a camp "where diverse people can freely exchange ideas about the technologies, laws, markets, and agreements we need to move forward.” Forward indeed.It wasn’t that long ago that the internet was an open network of computers, blogs, sites, and posts.But then something happened -- and the open web was taken over by private, for-profit, closed networks. Facebook isn’t the web. YouTube isn’t the web. Google isn’t the web. They’re for-profit businesses that are looking to sell audiences to advertisers.Brewster Kahle is one of the early web innovators who built the Internet Archive as a public storehouse to protect the web’s history. Along with web luminaries such as Sir Tim Berners-Lee and Vint Cerf, he is working to protect and rebuild the open nature of the web.advertisementadvertisement“We demonstrated that the web had failed instead of served humanity, as it was supposed to have done,” Berners-Lee told Vanity Fair. The web has “ended up producing -- [through] no deliberate action of the people who designed the platform -- a large-scale emergent phenomenon which is anti-human.”

o, they’re out to fix it, working on what they call the Dweb. The “d” in Dweb stands for distributed. In distributed systems, no one entity has control over the participation of any other entity.Berners-Lee is building a platform called Solid, designed to give people control over their own data. Other global projects also have the goal of taking take back the public web. Mastodon is decentralized Twitter. Peertube is a decentralized alternative to YouTube.This July 18 - 21, web activists plan to convene at the Decentralized Web Summit in San Francisco. Back in 2016, Kahle convened an early group of builders, archivists, policymaker, and journalists. He issued a challenge to  use decentralized technologies to “Lock the Web Open.” It’s hard to imagine he knew then how quickly the web would become a closed network.Last year's Dweb gathering convened more than 900 developers, activists, artists, researchers, lawyers, and students. Kahle opened the gathering by reminding attendees that the web used to be a place where everyone could play. "Today, I no longer feel like a player, I feel like I’m being played. Let’s build a decentralized web, let’s build a system we can depend on, a system that doesn’t feel creepy” he said, according to IEEE Spectrum.With the rising tide of concerns about how social networks have hacked our democracy, Kahle and his Dweb community will gather with increasing urgency around their mission.The internet began with an idealist mission to connect people and information for good. Today's web has yet to achieve that goal, but just maybe Dweb will build an internet more robust and open than the current infrastructure allows. That’s a mission worth fighting for.

A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”

The Wall Street Journal reports Huawei Manages to Make Smartphones Without American Chips. American tech companies are getting the go-ahead to resume business with Chinese smartphone giant Huawei Technologies Co., but it may be too late: It is now building smartphones without U.S. chips. Huawei’s latest phone, which it unveiled in September—the Mate 30 with a curved display and wide-angle cameras that competes with Apple Inc.’s iPhone 11—contained no U.S. parts, according to an analysis by UBS and Fomalhaut Techno Solutions, a Japanese technology lab that took the device apart to inspect its insides. In May, the Trump administration banned U.S. shipments to Huawei as trade tensions with Beijing escalated. That move stopped companies like Qualcomm Inc. and Intel Corp. from exporting chips to the company, though some shipments of parts resumed over the summer after companies determined they weren’t affected by the ban. Meanwhile, Huawei has made significant strides in shedding its dependence on parts from U.S. companies. (At issue are chips from U.S.-based companies, not those necessarily made in America; many U.S. chip companies make their semiconductors abroad.) Huawei long relied on suppliers like Qorvo Inc., the North Carolina maker of chips that are used to connect smartphones with cell towers, and Skyworks Solutions Inc., a Woburn, Mass.-based company that makes similar chips. It also used parts from Broadcom Inc., the San Jose-based maker of Bluetooth and Wi-Fi chips, and Cirrus Logic Inc., an Austin, Texas-based company that makes chips for producing sound.

Larry Page and Sergey Brin, the Stanford graduate students who founded Google over two decades ago, are stepping down from executive roles at Google’s parent company, Alphabet, they announced on Tuesday. Sundar Pichai, Google’s chief executive, will become the chief of both Google and Alphabet.The move is an end of an era for Google. Mr. Page and Mr. Brin have personified the company since its founding and have been two of the technology industry’s most influential figures, on a par with the founders of Apple and Microsoft, Steve Jobs and Bill Gates. Their early work on the Google search engine helped corral an unruly cloud of information on the World Wide Web. And their ideas about how to run an internet company — like offering generous employee perks like free shuttle buses to the office and making rank-and-file employees feel as though they have a stake in the company — became a standard for Silicon Valley.

Comcast met with Federal Communications Commission Chairman Ajit Pai's staff this week in an attempt to prevent states from issuing net neutrality rules. As the FCC prepares to gut its net neutrality rules, broadband providers are worried that states might enact their own laws to prevent ISPs from blocking, throttling, or discriminating against online content.

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

The White House on Wednesday made public for the first time the rules by which the government decides to disclose or keep secret software flaws that can be turned into cyberweapons — whether by U.S. agencies hacking for foreign intelligence, money-hungry criminals or foreign spies seeking to penetrate American computers. The move to publish an un­classified charter responds to years of criticism that the process was unnecessarily opaque, fueling suspicion that it cloaked a stockpile of software flaws that the National Security Agency was hoarding to go after foreign targets but that put Americans’ cyber­security at risk.

The rules are part of the “Vulnerabilities Equities Process,” which the Obama administration revamped in 2014 as a multi­agency forum to debate whether and when to inform companies such as Microsoft and Juniper that the government has discovered or bought a software flaw that, if weaponized, could affect the security of their product. The Trump administration has mostly not altered the rules under which the government reaches a decision but is disclosing its process. Under the VEP, an “equities review board” of at least a dozen national security and civilian agencies will meet monthly — or more often, if a need arises — to discuss newly discovered vulnerabilities. Besides the NSA, the CIA and the FBI, the list includes the Treasury, Commerce and State departments, and the Office of Management and Budget. The priority is on disclosure, the policy states, to protect core Internet systems, the U.S. economy and critical infrastructure, unless there is “a demonstrable, overriding interest” in using the flaw for intelligence or law enforcement purposes. The government has long said that it discloses the vast majority — more than 90 percent — of the vulnerabilities it discovers or buys in products from defense contractors or other sellers. In recent years, that has amounted to more than 100 a year, according to people familiar with the process. But because the process was classified, the National Security Council, which runs the discussion, was never able to reveal any numbers. Now, Joyce said, the number of flaws disclosed and the number retained will be made public in an annual report. A classified version will be sent to Congress, he said.

Now Google, at the behest of its friends in Washington, is actively censoring – essentially blocking access to – any websites which seek to warn American workers of the ongoing effort to further attack their incomes, social services, and life conditions by the U.S. central government, and which seek to warn against the impending warfare between U.S.-led Nato and other forces against countries like Iran, Russia, and China, which have in no way threatened the U.S. state or its people

Under its new so-called anti-fake-news program, Google algorithms have in the past few months moved socialist, anti-war, and progressive websites from previously prominent positions in Google searches to positions up to 50 search result pages from the first page, essentially removing them from the search results any searcher will see.    CounterPunch, World Socialist Website, Democracy Now, American Civil liberties Union, Wikileaks are just a few of the websites which have experienced severe reductions in their returns from Google searches.  World Socialist Website, to cite just one example, has experienced a 67% drop in its returns from Google since the new policy was announced. This conversion of Google into a Censorship engine is not a trivial development.   Google searches are currently a primary means by which workers and other members of the public seek information about their lives and their world.  Every effort must be made to combat this serious infringement on the basic rights of freedom of speech and freedom of press.

The Congressional Research Service produced a newly updated report on the subject, suggesting that congressional intervention might be appropriate. “The FCC’s move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC,” the CRS report said, adding that whether Congress would do so “remains to be seen.”  See The Net Neutrality Debate: Access to Broadband Networks, updated November 22, 2017.

The Israeli Deputy Foreign Minister, Member of Knesset Tzipi Hotovely, held meetings this week with representatives of YouTube and Google, to find ways of cooperating to censor Palestinian videos from occupied Palestine, videos she dubbed as “inciting violence and terrorism.”Israeli daily Maariv said Hotovely will be working with Google and YouTube officials in a joint mechanism that will be in charge of “monitoring and preventing” any publication of materials deemed by Tel Aviv to be “inflammatory.” Hotovely announced in a Hebrew-only press release that she met with YouTube CEO Susan Wojcicki, and Google’s Director of Public Policy, Jennifer Oztzistzki, at Google’s Silicon Valley Offices. Hotovely said that she received a comprehensive review mechanism for companies to monitor the films that allegedly incite violence, claiming that the supposed ‘incitement videos’ drive young children to go out and stab: ‘The attacks daily in Israel are the result of youths and children incited by the education system and the social networks, this is a daily war of incitement.’ She said that Google agreed to strengthen the bilateral relations with Israel’s Foreign Ministry, and build a mechanism of “collaborative work” that would make both parties partners in monitoring the published materials and censoring them. The Israeli move comes amidst escalating tension in occupied Palestine, and a large number of videos, including those showing Israeli soldiers and officers killing Palestinians execution-style after injuring them, and many videos that in general highlight the suffering of the Palestinian people, living under the illegal Israeli occupation of Palestine. The Israeli coordination with Google and YouTube has very serious implications, and many journalists have spoken out in opposition, saying it is a direct assault on the Freedom of the Press.

All foreign journalists who report in the Occupied Territories are required to register with the Israeli military, and any footage that they film is required to go through the Israeli Military Censor’s office before it can be released. With the recent advances in technology, many Palestinians and other civilians have been able to post videos uncensored online. The Israeli government has frequently voiced its discontent with this development, and have worked to find ways to continue to censor videos coming out of the Occupied Palestinian Territories.

The Russian government is reportedly considering building an “independent internet infrastructure” that it can use as an alternative to the global Domain Name System, or DNS system. Last month, Russia’s Security Council asked the government to start building a backup DNS system citing “the increased capabilities of Western nations to conduct offensive operations.”

However, some defense experts say the move could “have more to do with Moscow’s own plans for offensive cyber operations,” according to the Defense One website. The alternative DNS would also serve the so-called BRIC nations — Brazil, Russia, India, China, and South Africa — and would operate independently of international organizations.

Russian president Vladimir Putin set a deadline of August 2018 to complete the infrastructure.

A judge has approved a settlement valued at $650 million from Facebook to end a privacy lawsuit, one which alleged the social network used facial recognition technology on user photos stored on its iPhone app without permission. The lawsuit, which started in April 2015, alleged Facebook did not gain consent from users to use its facial tagging features on their photographs. Originally filed by Chicago attorney Jay Edelson on behalf of plaintiff Carlo Licata, the complaint claimed the consent-less tagging was not allowed under privacy laws in Illinois. The case originated in Cook County Circuit Court before moving to Chicago federal court then California, reports the Chicago Tribune. On reaching California, the lawsuit attained class-action status. The class in question constitutes approximately 6.9 million Facebook users in Illinois that Facebook created and stored a face template for after June 7, 2011. Close to 1.6 million claim forms were filed ahead of the November 23 deadline for joining, making up roughly 22% of potential class members. Facebook went against the Illinois Biometric Information Privacy Act, the complaint alleged, which is among the toughest privacy laws in the United States. Part of the act requires companies to gain permission from users before being able to start using biometric systems with their data, which includes facial recognition systems.

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

A coalition of state attorneys general filed an antitrust case against Google on Wednesday. They accused Google of giving Facebook unfair advertising advantages to stop it from getting into an area of adtech called "header bidding." Google perceived a move by Facebook into this space as a threat, they said. Per Wired, if this deal is proved to be true, it could spell big trouble for Google and Facebook, as it would fall under part of the Sherman Antitrust Act that has a relatively low bar for illegality. Google denied the claims, and Facebook was not immediately available for comment.

Israel is aiming to build an international coalition to force the world’s leading social media giants to prevent their platforms from being abused to peddle incitement to terrorism. The move, which was unveiled by Public Security Minister Gilad Erdan at Sunday’s cabinet meeting, aims at requiring Facebook, Twitter, Youtube, and other social networks to take greater responsibility for such content.

While some experts consider the idea unworkable — arguing that the terms of service of such platforms protect them from any legal threat, and that the preventative measures Erdan wants to see introduced are not possible technologically, others say a coalition pushing for change could be effective, and certainly stands more of a chance than an effort led by Israel alone.

Facebook's thousands of employees are reportedly unable to use the company's internal iOS apps after it was caught running a data-gathering research app that violated Apple's developer policies. Apple said on Wednesday that it had revoked Facebook's certificates giving it access to a special enterprise program that companies can use to distribute internal apps and tools outside the public App Store. The move has caused internal Facebook apps to stop working, creating a chaotic situation that the company has deemed a critical problem, The Verge reported. Facebook employees reportedly can't open company apps for transportation and the lunch menu, along with beta versions of Facebook apps like Messenger and Instagram.