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.
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Is Open Source Design a Thing? - Freedom Penguin - 0 views
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"October 14, 2016 Sean LeRoy 2 Comments Opinion The prowess and power of Open Source is undeniable. From servers, to the desktop, mobile, to the underpinnings of the so-called "Internet of Things", Open Source spans sectors and continents, public and private. One profession, however, that has traditionally been dominated by closed, proprietary software solutions - and usually very expensive ones at that! - is the field of design. In this article, we'll take a look at some free and open source options"
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European Court of Justice rules against mass data retention in EU | News | DW.COM | 21.... - 0 views
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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.
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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decision was a response to challenges against data retention laws in Britain and Sweden on the ground that they were no longer valid after the court previously struck down an EU-wide data retention law in 2014.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.
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shared by Paul Merrell on 02 Aug 16
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What to Do About Lawless Government Hacking and the Weakening of Digital Security | Ele... - 0 views
www.eff.org/...and-weakening-digital-security
surveillance state cybersecurity exploits government malware
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In our society, the rule of law sets limits on what government can and cannot do, no matter how important its goals. To give a simple example, even when chasing a fleeing murder suspect, the police have a duty not to endanger bystanders. The government should pay the same care to our safety in pursuing threats online, but right now we don’t have clear, enforceable rules for government activities like hacking and "digital sabotage." And this is no abstract question—these actions increasingly endanger everyone’s security
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The problem became especially clear this year during the San Bernardino case, involving the FBI’s demand that Apple rewrite its iOS operating system to defeat security features on a locked iPhone. Ultimately the FBI exploited an existing vulnerability in iOS and accessed the contents of the phone with the help of an "outside party." Then, with no public process or discussion of the tradeoffs involved, the government refused to tell Apple about the flaw. Despite the obvious fact that the security of the computers and networks we all use is both collective and interwoven—other iPhones used by millions of innocent people presumably have the same vulnerability—the government chose to withhold information Apple could have used to improve the security of its phones. Other examples include intelligence activities like Stuxnet and Bullrun, and law enforcement investigations like the FBI’s mass use of malware against Tor users engaged in criminal behavior. These activities are often disproportionate to stopping legitimate threats, resulting in unpatched software for millions of innocent users, overbroad surveillance, and other collateral effects. That’s why we’re working on a positive agenda to confront governmental threats to digital security. Put more directly, we’re calling on lawyers, advocates, technologists, and the public to demand a public discussion of whether, when, and how governments can be empowered to break into our computers, phones, and other devices; sabotage and subvert basic security protocols; and stockpile and exploit software flaws and vulnerabilities.
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Smart people in academia and elsewhere have been thinking and writing about these issues for years. But it’s time to take the next step and make clear, public rules that carry the force of law to ensure that the government weighs the tradeoffs and reaches the right decisions. This long post outlines some of the things that can be done. It frames the issue, then describes some of the key areas where EFF is already pursuing this agenda—in particular formalizing the rules for disclosing vulnerabilities and setting out narrow limits for the use of government malware. Finally it lays out where we think the debate should go from here.
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"In our society, the rule of law sets limits on what government can and cannot do, no matter how important its goals. "
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It's not often that I disagree with EFF's positions, but on this one I do. The government should be prohibited from exploiting computer vulnerabilities and should be required to immediately report all vulnerabilities discovered to the relevant developers of hardware or software. It's been one long slippery slope since the Supreme Court first approved wiretapping in Olmstead v. United States, 277 US 438 (1928), https://goo.gl/NJevsr (.) Left undecided to this day is whether we have a right to whisper privately, a right that is undeniable. All communications intercept cases since Olmstead fly directly in the face of that right.
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shared by Gonzalo San Gil, PhD. on 24 Apr 12
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Cispa cybersecurity bill opposed by Obama administration | Technology | guardian.co.uk - 1 views
www.guardian.co.uk/...bersecurity-bill-opposed-obama
Cispa controversy obama administration freedom Freedom of Speech
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[A senior State Department official has stressed the Obama administration's opposition to a controversial cybersecurity bill ahead of a vote in the House of Representatives later this week. The Cyber Intelligence Sharing and Protection Act (Cispa) is intended to facilitate sharing of information on ...online threats across different federal agencies and private companies. It has been criticised by both activists and politicians of both Democrats and Republicans for vague wording and insufficient safeguards.]
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ACTA: Total Victory for Citizens and Democracy! | La Quadrature du Net - 0 views
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[Submitted on 4 Jul 2012 - 10:40 ACTA Karel De Gucht press release Printer-friendly version Send by email Français Strasbourg, July 4th 2012 - The European Parliament rejected ACTA1 by a huge majority, killing it for good. This is a major victory for the multitude of connected citizens and organizations who worked hard for years, but also a great hope on a global scale for a better democracy. On the ruins of ACTA we must now build a positive copyright reform2, taking into account our rights instead of attacking them. The ACTA victory must resonate as a wake up call for lawmakers: Fundamental freedoms as well as the free and open Internet must prevail over private interests. ...]
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shared by Gonzalo San Gil, PhD. on 23 Jan 14
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Statute of Anne - Wikipedia, the free encyclopedia - 0 views
en.wikipedia.org/...Statute_of_Anne
anne statute first copyright regulation short to promote new creation
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"The Statute of Anne (c.19), an act of the Parliament of Great Britain, was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. Prior to the statute's enactment in 1710, copying restrictions were authorized by the Licensing Act of 1662. These restrictions were enforced by the Stationers' Company, a guild of printers given the exclusive power to print-and the responsibility to censor-literary works. The censorship administered under the Licensing Act led to public protest; as the act had to be renewed at two-year intervals, authors and others sought to prevent its reauthorisation.[1] In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions.[2]"
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shared by Gonzalo San Gil, PhD. on 03 Oct 13
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Piracy Isn't Killing The Entertainment Industry, Scholars Show | TorrentFreak - 1 views
torrentfreak.com/-entertainment-industry-121003
piracy boosts helps entertainment industry scholars evidence sharing
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shared by Gonzalo San Gil, PhD. on 20 Apr 14
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End Global Surveillance and Protect the Free Internet - oiga.me - 2 views
oiga.me/...-and-protect-the-free-internet
surveillance free internet sign message governments world W@rld
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How Secret Partners Expand NSA's Surveillance Dragnet - The Intercept - 0 views
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Huge volumes of private emails, phone calls, and internet chats are being intercepted by the National Security Agency with the secret cooperation of more foreign governments than previously known, according to newly disclosed documents from whistleblower Edward Snowden. The classified files, revealed today by the Danish newspaper Dagbladet Information in a reporting collaboration with The Intercept, shed light on how the NSA’s surveillance of global communications has expanded under a clandestine program, known as RAMPART-A, that depends on the participation of a growing network of intelligence agencies.
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It has already been widely reported that the NSA works closely with eavesdropping agencies in the United Kingdom, Canada, New Zealand, and Australia as part of the so-called Five Eyes surveillance alliance. But the latest Snowden documents show that a number of other countries, described by the NSA as “third-party partners,” are playing an increasingly important role – by secretly allowing the NSA to install surveillance equipment on their fiber-optic cables. The NSA documents state that under RAMPART-A, foreign partners “provide access to cables and host U.S. equipment.” This allows the agency to covertly tap into “congestion points around the world” where it says it can intercept the content of phone calls, faxes, e-mails, internet chats, data from virtual private networks, and calls made using Voice over IP software like Skype.
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The secret documents reveal that the NSA has set up at least 13 RAMPART-A sites, nine of which were active in 2013. Three of the largest – codenamed AZUREPHOENIX, SPINNERET and MOONLIGHTPATH – mine data from some 70 different cables or networks. The precise geographic locations of the sites and the countries cooperating with the program are among the most carefully guarded of the NSA’s secrets, and these details are not contained in the Snowden files. However, the documents point towards some of the countries involved – Denmark and Germany among them. An NSA memo prepared for a 2012 meeting between the then-NSA director, Gen. Keith Alexander, and his Danish counterpart noted that the NSA had a longstanding partnership with the country’s intelligence service on a special “cable access” program. Another document, dated from 2013 and first published by Der Spiegel on Wednesday, describes a German cable access point under a program that was operated by the NSA, the German intelligence service BND, and an unnamed third partner.
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The program, which the secret files show cost U.S. taxpayers about $170 million between 2011 and 2013, sweeps up a vast amount of communications at lightning speed. According to the intelligence community’s classified “Black Budget” for 2013, RAMPART-A enables the NSA to tap into three terabits of data every second as the data flows across the compromised cables – the equivalent of being able to download about 5,400 uncompressed high-definition movies every minute. In an emailed statement, the NSA declined to comment on the RAMPART-A program. “The fact that the U.S. government works with other nations, under specific and regulated conditions, mutually strengthens the security of all,” said NSA spokeswoman Vanee’ Vines. “NSA’s efforts are focused on ensuring the protection of the national security of the United States, its citizens, and our allies through the pursuit of valid foreign intelligence targets only.”
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The Danish and German operations appear to be associated with RAMPART-A because it is the only NSA cable-access initiative that depends on the cooperation of third-party partners. Other NSA operations tap cables without the consent or knowledge of the countries that host the cables, or are operated from within the United States with the assistance of American telecommunications companies that have international links. One secret NSA document notes that most of the RAMPART-A projects are operated by the partners “under the cover of an overt comsat effort,” suggesting that the tapping of the fiber-optic cables takes place at Cold War-era eavesdropping stations in the host countries, usually identifiable by their large white satellite dishes and radomes. A shortlist of other countries potentially involved in the RAMPART-A operation is contained in the Snowden archive. A classified presentation dated 2013, published recently in Intercept editor Glenn Greenwald’s book No Place To Hide, revealed that the NSA had top-secret spying agreements with 33 third-party countries, including Denmark, Germany, and 15 other European Union member states:
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Don't miss the slide with the names of the NSA-partner nations. Lots of E.U. member nations.
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Very good info. Lucky me I came across your site by accident (stumbleupon). I have saved it for later. I Hate NSA's Surveilances. http://watchlive.us/movie/watch-Venus-in-Fur-online.html Howdy! I could have sworn I've visited this website before but after looking at many of the articles I realized it's new to me. Nonetheless, I'm certainly pleased I found it and I'll be book-marking it and checking back often. <
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shared by Gary Edwards on 19 Jun 13
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Two Microsofts: Mulling an alternate reality | ZDNet - 1 views
www.zdnet.com/n-alternate-reality-7000016916
Microsoft microsoft-monopoly Judge-Thomas-Penfield-Jackson
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Judge Jackson is an American hero and news of his passing thumped me hard. His ruling against Microsoft and the subsequent overturn of that ruling resulted, IMHO, in two extraordinary directions that changed the world. Sure the what-if game is interesting, but the reality itself is stunning enough. Of course, Judge Jackson sought to break the monopoly. The US Court of Appeals overturn resulted in the monopoly remaining intact, but the Internet remaining free and open. Judge Jackson's breakup plan had a good shot at achieving both a breakup of the monopoly and, a free and open Internet. I admit though that at the time I did not favor the Judge's plan. And i actually did submit a proposal based on Microsoft having to both support the WiNE project, and, provide a complete port to WiNE to any software provider requesting a port. I wanted to break the monopolist's hold on the Windows Productivity Environment and the hundreds of millions of investment dollars and time that had been spent on application development forever trapped on that platform. For me, it was the productivity platform that had to be broken.
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I assume the good Judge thought that separating the Windows OS from Microsoft Office / Applications would force the OS to open up the secret API's even as the OS continued to evolve. Maybe. But a full disclosure of the API's coupled with the community service "port to WiNE" requirement might have sped up the process. Incredibly, the "Undocumented Windows Secrets" industry continues to thrive, and the legendary Andrew Schulman's number is still at the top of Silicon Valley legal profession speed dials. http://goo.gl/0UGe8 Oh well. The Court of Appeals stopped the breakup, leaving the Windows Productivity Platform intact. Microsoft continues to own the "client" in "Client/Server" computing. Although Microsoft was temporarily stopped from leveraging their desktop monopoly to an iron fisted control and dominance of the Internet, I think what were watching today with the Cloud is Judge Jackson's worst nightmare. And mine too. A great transition is now underway, as businesses and enterprises begin the move from legacy client/server business systems and processes to a newly emerging Cloud Productivity Platform. In this great transition, Microsoft holds an inside straight. They have all the aces because they own the legacy desktop productivity platform, and can control the transition to the Cloud. No doubt this transition is going to happen. And it will severely disrupt and change Microsoft's profit formula. But if the Redmond reprobate can provide a "value added" transition of legacy business systems and processes, and direct these new systems to the Microsoft Cloud, the profits will be immense.
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Judge Jackson sought to break the ability of Microsoft to "leverage" their existing monopoly into the Internet and his plan was overturned and replaced by one based on judicial oversight. Microsoft got a slap on the wrist from the Court of Appeals, but were wailed on with lawsuits from the hundreds of parties injured by their rampant criminality. Some put the price of that criminality as high as $14 Billion in settlements. Plus, the shareholders forced Chairman Bill to resign. At the end of the day though, Chairman Bill was right. Keeping the monopoly intact was worth whatever penalty Microsoft was forced to pay. He knew that even the judicial over-site would end one day. Which it did. And now his company is ready to go for it all by leveraging and controlling the great productivity transition. No business wants to be hostage to a cold heart'd monopolist. But there is huge difference between a non-disruptive and cost effective, process-by-process value-added transition to a Cloud Productivity Platform, and, the very disruptive and costly "rip-out-and-replace" transition offered by Google, ZOHO, Box, SalesForce and other Cloud Productivity contenders. Microsoft, and only Microsoft, can offer the value-added transition path. If they get the Cloud even halfway right, they will own business productivity far into the future. Rest in Peace Judge Jackson. Your efforts were heroic and will be remembered as such. ~ge~
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Comments on the latest SVN article mulling the effects of Judge Thomas Penfield Jackson's anti trust ruling and proposed break up of Microsoft. comment: "Chinese Wall" Ummm, there was a Chinese Wall between Microsoft Os and the MS Applciations layer. At least that's what Chairman Bill promised developers at a 1990 OS/2-Windows Conference I attended. It was a developers luncheon, hosted by Microsoft, with Chairman Bill speaking to about 40 developers with applications designed to run on the then soon to be released Windows 3.0. In his remarks, the Chairman described his vision of commoditizing the personal computer market through an open hardware-reference platform on the one side of the Windows OS, and provisioning an open application developers layer on the other using open and totally transparent API's. Of course the question came up concerning the obvious advantage Microsoft applications would have. Chairman Bill answered the question by describing the Chinese Wall that existed between Microsoft's OS and Apps develop departments. He promised that OS API's would be developed privately and separate from the Apps department, and publicly disclosed to ALL developers at the same time. Oh yeah. There was lots of anti IBM - evil empire stuff too :) Of course we now know this was a line of crap. Microsoft Apps was discovered to have been using undocumented and secret Window API's. http://goo.gl/0UGe8. Microsoft Apps had a distinct advantage over the competition, and eventually the entire Windows Productivity Platform became dependent on the MSOffice core. The company I worked for back then, Pyramid Data, had the first Contact Management application for Windows; PowerLeads. Every Friday night we would release bug fixes and improvements using Wildcat BBS. By Monday morning we would be slammed with calls from users complaining that they had downloaded the Friday night patch, and now some other application would not load or function properly. Eventually we tracked th
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Opt out of PRISM, the NSA's global data surveillance program - PRISM BREAK - 0 views
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"Opt out of PRISM, the NSA's global data surveillance program. Stop reporting your online activities to the American government with these free alternatives to proprietary software." A designer named Peng Zhong is so strongly opposed to PRISM, the NSA's domestic spying program, that he created a site to educate people on how to "opt out" of it. According to the original report that brought PRISM to public attention, the nine companies that "participate knowingly" with the NSA are Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple. Zhong's approach is to replace your workflow with open-source tools that aren't attached to these companies, since they easily stay off the government's radar. If you want to drop totally off the map, it'll take quite a commitment. Are you ready to give up your operating system? The NSA tracks everything on Windows, OSX and Google Chrome. You will need to switch to Debian or some other brand of GNU Linux! Like Mint!!!!! Personally I have switched from Google Chrome Browser to Mozilla Firefox using the TOR Browser Bundle - Private mode.
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shared by Gary Edwards on 19 Jun 13
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EDWARD SNOWDEN: Email Encryption Works Against The NSA - Business Insider - 0 views
www.businessinsider.com/n-works-against-the-nsa-2013-6
Encryption Cryptography Crypto NSA-Patriot-Act-NDAA PRISM Echelon-SIGINT
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PGP stands for "Pretty Good Privacy." It uses two "keys," one publicly viewable to the world, the other kept solely to yourself. You can generate PGP keys to your heart's content using the free tool at iGolder and a number of other services around the web.
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Article covers encryption method "PGP', and encryption tools from "iGolder". There is also a Chrome Browser plugin for gmail based on "OpenPGP" available but comes with lousy reviews. Seems there are difficulties with the interface and a complicated method. "Article 12 of the UN's Universal Declaration of Human Rights states that "no one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence." It's that last one that's gotten everyone's attention lately. Just how private is your correspondence online? Depending on your politics, NSA whistleblower Edward Snowden is either a vile turncoat or a revered hero, but either way he has advice on how to stay two steps ahead of the NSA. He held an awesome "press conference" of sorts on The Guardian's website, taking written questions from readers and typing out his answers online. We were most intrigued by his response to a question about encryption. If someone wants to stay off the NSA's radar, could he or she encrypt emails and send them without arousing any suspicion? Snowden's response: "Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it.""
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shared by Gonzalo San Gil, PhD. on 29 Aug 15
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Container Myths Debunked at OpenStack Silicon Valley - Datamation - 0 views
www.datamation.com/...-openstack-silicon-valley.html
container myths debunk OpenStack Silicon Valley
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shared by Gonzalo San Gil, PhD. on 28 Jul 15
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Pydio - An Open Source Alternative To Dropbox - Unixmen - 0 views
www.unixmen.com/-source-alternative-to-dropbox
Pydio open source alternative dropbox network storage online files
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"About Pydio Having a private file server is always a best idea. Instead of saving your precious data in the third party servers and Cloud, why not turn your old system into a robust File server, put your data safely in it, and access them anywhere from any device? Sounds good? Let me introduce Pydio, an open source alternative to Dropbox and box.net."
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Private Copying and UK Copyright Law - Not Dead Yet | TorrentFreak - 0 views
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[Camden on July 5, 2015 C: 40 Breaking Earlier this month several music industry organizations in the UK won a judicial review which renders the Government's decision to allow copying for personal use unlawful. Following this unexpected decision are UK citizens now breaking the law if they copy their own CDs? How will the fate of the legislation be determined? ...]
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shared by Paul Merrell on 06 Jul 15
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Sloppy Cyber Threat Sharing Is Surveillance by Another Name | Just Security - 0 views
justsecurity.org/...er-threat-sharing-surveillance
surveillance state legislation CISA cyberthreat-reporting emails
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Imagine you are the target of a phishing attack: Someone sends you an email attachment containing malware. Your email service provider shares the attachment with the government, so that others can configure their computer systems to spot similar attacks. The next day, your provider gets a call. It’s the Department of Homeland Security (DHS), and they’re curious. The malware appears to be from Turkey. Why, DHS wants to know, might someone in Turkey be interested in attacking you? So, would your email company please share all your emails with the government? Knowing more about you, investigators might better understand the attack. Normally, your email provider wouldn’t be allowed to give this information over without your consent or a search warrant. But that could soon change. The Senate may soon make another attempt at passing the Cybersecurity Information Sharing Act, a bill that would waive privacy laws in the name of cybersecurity. In April, the US House of Representatives passed by strong majorities two similar “cyber threat” information sharing bills. These bills grant companies immunity for giving DHS information about network attacks, attackers, and online crimes.
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Sharing information about security vulnerabilities is a good idea. Shared vulnerability data empowers other system operators to check and see if they, too, have been attacked, and also to guard against being similarly attacked in the future. I’ve spent most of my career fighting for researchers’ rights to share this kind of information against threats from companies that didn’t want their customers to know their products were flawed. But, these bills gut legal protections against government fishing expeditions exactly at a time when individuals and Internet companies need privacy laws to get stronger, not weaker.
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Worse, the bills aren’t needed. Private companies share threat data with each other, and even with the government, all the time. The threat data that security professionals use to protect networks from future attacks is a far more narrow category of information than those included in the bills being considered by Congress, and will only rarely contain private information. And none of the recent cyberattacks — not Sony, not Target, and not the devastating grab of sensitive background check interviews on government employees at the Office of Personnel Management — would have been mitigated by these bills.
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shared by Paul Merrell on 10 Jul 15
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XKeyscore Exposé Reaffirms the Need to Rid the Web of Tracking Cookies | Elec... - 0 views
www.eff.org/...-need-rid-web-tracking-cookies
surveillance state NSA tracking-cookies browsers XKeyscore
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The Intercept published an expose on the NSA's XKeyscore program. Along with information on the breadth and scale of the NSA's metadata collection, The Intercept revealed how the NSA relies on unencrypted cookie data to identify users. As The Intercept says: "The NSA’s ability to piggyback off of private companies’ tracking of their own users is a vital instrument that allows the agency to trace the data it collects to individual users. It makes no difference if visitors switch to public Wi-Fi networks or connect to VPNs to change their IP addresses: the tracking cookie will follow them around as long as they are using the same web browser and fail to clear their cookies." The NSA slides released by The Intercept give detailed guides to understanding the data transmitted by these cookies, as well as how to find unique machine identifiers that analysts can use to differentiate between multiple machines using the same IP address. We've written before about how spy agencies piggyback on social media account data to find Internet users' names or other identifying info, and these slides drive home the point that HTTP cookies leave users vulnerable to government surveillance, since any intermediary (or spy agency) can read the sensitive data they contain.
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Worse yet, most of the time these identifying cookies come from third-party sources on webpages, and users have no meaningful way to opt out of receiving them (short of blocking all third party cookies) since advertisers (the main server of these types of cookies) refuse to honor the Do Not Track header. Browser makers could help address this sort of non-consensual tracking by both advertisers and the NSA with some simple technical changes—changes that have been shown to reduce the number of third party cookies received by 67%. So far, though, they've been unwilling to build privacy protecting features in by default. Until they do, the best way for users to protect themselves is by installing a privacy protecting app like Privacy Badger, which is designed to block these types of uniquely identifying tracking cookies, or HTTPS Everywhere to block the transmission of HTTP cookies.
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Obama administration opts not to force firms to decrypt data - for now - The Washington... - 1 views
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After months of deliberation, the Obama administration has made a long-awaited decision on the thorny issue of how to deal with encrypted communications: It will not — for now — call for legislation requiring companies to decode messages for law enforcement. Rather, the administration will continue trying to persuade companies that have moved to encrypt their customers’ data to create a way for the government to still peer into people’s data when needed for criminal or terrorism investigations. “The administration has decided not to seek a legislative remedy now, but it makes sense to continue the conversations with industry,” FBI Director James B. Comey said at a Senate hearing Thursday of the Homeland Security and Governmental Affairs Committee.
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The decision, which essentially maintains the status quo, underscores the bind the administration is in — balancing competing pressures to help law enforcement and protect consumer privacy. The FBI says it is facing an increasing challenge posed by the encryption of communications of criminals, terrorists and spies. A growing number of companies have begun to offer encryption in which the only people who can read a message, for instance, are the person who sent it and the person who received it. Or, in the case of a device, only the device owner has access to the data. In such cases, the companies themselves lack “backdoors” or keys to decrypt the data for government investigators, even when served with search warrants or intercept orders.
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The decision was made at a Cabinet meeting Oct. 1. “As the president has said, the United States will work to ensure that malicious actors can be held to account — without weakening our commitment to strong encryption,” National Security Council spokesman Mark Stroh said. “As part of those efforts, we are actively engaged with private companies to ensure they understand the public safety and national security risks that result from malicious actors’ use of their encrypted products and services.” But privacy advocates are concerned that the administration’s definition of strong encryption also could include a system in which a company holds a decryption key or can retrieve unencrypted communications from its servers for law enforcement. “The government should not erode the security of our devices or applications, pressure companies to keep and allow government access to our data, mandate implementation of vulnerabilities or backdoors into products, or have disproportionate access to the keys to private data,” said Savecrypto.org, a coalition of industry and privacy groups that has launched a campaign to petition the Obama administration.
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To Amie Stepanovich, the U.S. policy manager for Access, one of the groups signing the petition, the status quo isn’t good enough. “It’s really crucial that even if the government is not pursuing legislation, it’s also not pursuing policies that will weaken security through other methods,” she said. The FBI and Justice Department have been talking with tech companies for months. On Thursday, Comey said the conversations have been “increasingly productive.” He added: “People have stripped out a lot of the venom.” He said the tech executives “are all people who care about the safety of America and also care about privacy and civil liberties.” Comey said the issue afflicts not just federal law enforcement but also state and local agencies investigating child kidnappings and car crashes — “cops and sheriffs . . . [who are] increasingly encountering devices they can’t open with a search warrant.”
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One senior administration official said the administration thinks it’s making enough progress with companies that seeking legislation now is unnecessary. “We feel optimistic,” said the official, who spoke on the condition of anonymity to describe internal discussions. “We don’t think it’s a lost cause at this point.” Legislation, said Rep. Adam Schiff (D-Calif.), is not a realistic option given the current political climate. He said he made a recent trip to Silicon Valley to talk to Twitter, Facebook and Google. “They quite uniformly are opposed to any mandate or pressure — and more than that, they don’t want to be asked to come up with a solution,” Schiff said. Law enforcement officials know that legislation is a tough sell now. But, one senior official stressed, “it’s still going to be in the mix.” On the other side of the debate, technology, diplomatic and commerce agencies were pressing for an outright statement by Obama to disavow a legislative mandate on companies. But their position did not prevail.
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Daniel Castro, vice president of the Information Technology & Innovation Foundation, said absent any new laws, either in the United States or abroad, “companies are in the driver’s seat.” He said that if another country tried to require companies to retain an ability to decrypt communications, “I suspect many tech companies would try to pull out.”
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shared by Gonzalo San Gil, PhD. on 23 Jun 15
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Google eavesdropping tool installed on computers without permission | Technology | The ... - 0 views
www.theguardian.com/...d-computers-without-permission
Google eavesdropping tool installed on computers without permission | Technology The Guardian
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