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Gonzalo San Gil, PhD.

Can you defame someone with a hyperlink? - 0 views

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    [.... "Gang of Crookes" Newton is the publisher of p2pnet, a site which has for years chronicled the online file-sharing world. Back in 2006, Newton wrote a piece about local Vancouver businessman Wayne Crookes, the owner of West Coast Title Search Ltd. Crookes had just sued a man named Mike Pilling for writing allegedly defamatory articles about Crookes and publishing them on the Internet (Crookes had previously fired Pilling from Canada's Green Party, in which Crookes volunteers). Pilling's articles relied on the obvious pun here, using titles like "Friends of Crookes" and "Gang of Crookes." In covering the free speech aspects of the case, Newton linked to the articles in question. Crookes demanded Newton remove those links, saying that Newton himself could be liable for defamation. Newton refused; Crookes sued. ....]
Gary Edwards

Does your OS matter in a cloud? | It's the Business Process - not the Application! | Ta... - 0 views

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    The question proposed is tha tof how OSS will be impacted by SaaS and Cloud Computing? My position, as stated in this reply, is that OSS will become even more important going forward. The comment includes WebKit, XAML, Client/Server, and the great transition to Client/ Web-Stack /server models.
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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Gary Edwards

Cocoa for Windows + Flash RiA Killer = SproutCore JavaScript Framework - RoughlyDrafted... - 0 views

  • SproutCore brings the values of Leopard’s Cocoa to the web, domesticating JavaScript into a functional application platform with lots of free built-in support for desktop features. Being based on open web standards and being open source itself means SproutCore will enable developers to develop cross platform applications without being tied to either a plugin architecture or its vendor. Sitting on top of web standards will also make it easy for Apple and the community to push SproutCore ahead without worrying about incompatible changes to the underlying layers of Windows, a significant problem for the old Yellow Box or some new Cocoa analog. SproutCore also lives in a well known security context, preventing worries about unknown holes being opened up by a new runtime layer.
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    The story of Javascript and the browser as a RiA competitor continues to unfold. This lengthy summation from roughlydrafed is perhaps the best discussion 'i've ever seen of technologies that will drive the Future of the Open Web. Roughly believes that Apple and Google are fighting for an Open Web Future, with Adobe and Microsoft RiA jousting for a broken web where they dominate the application development. For usre the web is moving to become an application platform. The question is one of who will own the dominant API, and be in position to impose a global platform tax. This is a great summary demanding a careful read. It also confirms my belief that the WebKit layout and document model is the way forward. It's by far and away the best (X)HTML-CSS-DOM-JavaScript model out there. The W3C alternatives do not include JavaScript, and that pretty much seals their fate. And while there are many JavaScript libraries and frameworks to chose from, i would pay close attention to three initiatives: WebKit SproutCore, Gecko jQuery, and Google GWT. ~ge~
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Gary Edwards

The NeuroCommons Project: Open RDF Ontologies for Scientific Reseach - 0 views

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    The NeuroCommons project seeks to make all scientific research materials - research articles, annotations, data, physical materials - as available and as useable as they can be. This is done by fostering practices that render information in a form that promotes uniform access by computational agents - sometimes called "interoperability". Semantic Web practices based on RDF will enable knowledge sources to combine meaningfully, semantically precise queries that span multiple information sources.

    Working with the Creative Commons group that sponsors "Neurocommons", Microsoft has developed and released an open source "ontology" add-on for Microsoft Word. The add-on makes use of MSOffice XML panel, Open XML formats, and proprietary "Smart Tags". Microsoft is also making the source code for both the Ontology Add-in for Office Word 2007 and the Creative Commons Add-in for Office Word 2007 tool available under the Open Source Initiative (OSI)-approved Microsoft Public License (Ms-PL) at http://ucsdbiolit.codeplex.com and http://ccaddin2007.codeplex.com,respectively.

    No doubt it will take some digging to figure out what is going on here. Microsoft WPF technologies include Smart Tags and LINQ. The Creative Commons "Neurocommons" ontology work is based on W3C RDF and SPARQL. How these opposing technologies interoperate with legacy MSOffice 2003 and 2007 desktops is an interesting question. One that may hold the answer to the larger problem of re-purposing MSOffice for the Open Web?

    We know Microsoft is re-purposing MSOffice for the MS Web. Perhaps this work with Creative Commons will help to open up the Microsoft desktop productivity environment to the Open Web? One can always hope :)

    Dr Dobbs has the Microsoft - Creative Commons announcement; Microsoft Releases Open Tools for Scientific Research ...... Joins Creative Commons in releasing the Ontology Add-in
Paul Merrell

IPhone software developers stifled under Apple's gag order - Los Angeles Times - 0 views

  • The software development kit that Apple Inc. distributed to programmers bound them to not discuss the process of creating programs for the iPhone. Companies typically waive such legal restrictions once the product in question launches, but Apple didn't. And it won't say why.
  • As a result, iPhone developers -- and businesses that cater to them -- say they are prohibited from asking technical questions or sharing tips anywhere in public. On Apple's official support website, moderators remind visitors that they are bound by the nondisclosure agreement and should mind what they say or ask.
  • Conference organizers are trying to figure out how to plan sessions for iPhone software developers when they're not allowed to talk about iPhone software. Book publishers are sitting on how-to manuals, afraid that if they ship them Apple will sue.
Gary Edwards

Silicon Valley Veteran Bill Coleman on The Business Of Disruption . . . - 0 views

  • Cloud computing doesn't need government incentives because it is a disruptive technolo
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    Tom Foremski of Silicon Valley Watcher interviews Bill Coleman of VisiCorp-Sun-BEA fame with questions about the economy and disruptive technologies. Coleman references noted business guru Peter Drucker when he claims that a platform ill be successful if it has three characteristics. First, it has to be able to commoditize a market. Secondly, it has to obey the 10x better/cheaper rule - providing at least ten times the value of what it's displacing. And thirdly, a platform must allow you to add value with custom additions.

    In the interview, Coleman backs up his assertions with bullseye examples. Clearly his passion is for Cloud Computing, especially the next generation.

    ......"As the cloud computing platform becomes more sophisticated, he predicts that there will be an acceleration in the use of the cloud driven by a "quadruple conversion." Video, audio, and IT data all become IP based, and productivity applications become integrated with social networks.

    "As we move forward from Web 2.0 to Web 3.0, all your productivity tools become integrated with your social networking, which becomes your business networking. Your mobile life and your online life will become the same. So now the client moves into the cloud and that's when we'll see a dramatic change in the cost structure of computing and of the capabilities you can have."....

    Good interview. I hope Tom publishes the rest of the session soon.
Gary Edwards

Apple's extensions: Good or bad for the open web? | Fyrdility - 0 views

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    Fyrdility asks the question; when it comes to the future of the Open Web, is Apple worse than Microsoft? He laments the fact that Apple pushes forward with innovations that have yet to be discussed by the great Web community. Yes, they faithfully submit these extensions and innovations back to the W3C as open standards proposals, but there is no waiting around for discussion or judgement. Apple is on a mission.

    IMHO, what Apple and the WebKit community do is not that much different from the way GPL based open source communities work, except that Apple works without the GPL guarantee. The WebKit innovations and extensions are similar to GPL forks in the shared source code; done in the open, contributed back to the community, with the community responsible for interoperability going forward.

    There are good forks and there are not so good forks. But it's not always a technology-engineering discussion that drives interop. sometimes it's marketshare and user uptake that carry the day. And indeed, this is very much the case with Apple and the WebKit community. The edge of the Web belongs to WebKit and the iPhone. The "forks" to the Open Web source code are going to weigh heavy on concerns for interop with the greater Web.

    One thing Fyrdility fails to recognize is the importance of the ACiD3 test to future interop. Discussion is important, but nothing beats the leveling effect of broadly measuring innovation for interop - and doing so without crippling innovation.

    "......Apple is heavily involved in the W3C and WHATWG, where they help define specifications. They are also well-known for implementing many unofficial CSS extensions, which are subsequently submitted for standardization. However, Apple is also known for preventing its representatives from participating in panels such as the annual Browser Wars panels at SXSW, which expresses a much less cooperative position...."
Gary Edwards

The uphill battle Microsoft faces with Windows Mobile « jkOnTheRun - 0 views

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    The recent announcements by Microsoft detailing Windows Mobile (WM) 6.5 and to a lesser degree WM 7.0 have left many questioning the continued relevance of Windows Mobile in the future.  The incremental update to WM has been received as expected with some excited for the future and others declaring "too little, too late."  Take the next version of WM as you will, Microsoft faces a great challenge to keep WM relevant in today's smartphone market"...... Good discussion about Microsoft's failure to show at the Barcelona World Mobility Conference with anything worth talking about. Apple doesn't even show up, but the iPhone dominates all discussions! So what's up with Microsoft? Have they finally dropped the ball on the device end of their emerging Web platform? I've posted a lengthy comment about WebKit, the iPhone and the emergence of a next generation visual document model that also works as a Web application.
Gary Edwards

ongoing · What's "Cloud Interop"? - 0 views

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    The question that seems more important than all the rest is "Can I afford to switch vendors?" Let's consider some examples. When printers wear out, you can buy new printers from whoever with little concern for switching cost. If you're unhappy with your current servers, you can replace them with models from lots of vendors (Sun, Dell, HP, IBM, others) without worrying too much about compatibility (well, you may have some racking and cabling pain); the issues are price, performance, and support. If you're grouchy about your OS, you can move between *n*x flavors like Debian, SUSE, and Solaris pretty freely in most (granted, not all) cases; with maybe some deployment and sysadmin pain. If you're unhappy with your desktop environment, well too bad, you're stuck. Your users are too deeply bought into some combination of Outlook calendaring and Excel macros and Sharepoint collab. The price of rebuilding the whole environment is simply too high for most businesses to consider. If you're unhappy with your Oracle licensing charges, you probably have to suck it up and deal with it. SQL is a good technology but a lousy standard, offering near-zero interoperability; the cost of re-tooling your apps so they'll run on someone else's database is probably unthinkable. Like they say, you date your systems vendor but you marry Larry Ellison.
Gary Edwards

ES4 and the fight for the future of the Open Web - By Haavard - 0 views

  • Here, we have no better theory to explain why Microsoft is enthusiastic to spread C# onto the web via Silverlight, but not to give C# a run for its money in the open web standards by supporting ES4 in IE.The fact is, and we've heard this over late night truth-telling meetings between Mozilla principals and friends at Microsoft, that Microsoft does not think the web needs to change much. Or as one insider said to a Mozilla figure earlier this year: "we could improve the web standards, but what's in it for us?"
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    Microsoft opposes the stunning collection of EcmaScript standards improvements to JavaScript ES3 known as "ES4". Brendan Eich, author of JavaScript and lead Mozilla developer claims that Microsoft is stalling the advance of JavaScript to protect their proprietary advantages with Silverlight - WPF technologies. Opera developer "Haavard" asks the question, "Why would Microsoft do this?" Brendan Eich explains: Indeed Microsoft does not desire serious change to ES3, and we heard this inside TG1 in April. The words were (from my notes) more like this: "Microsoft does not think the web needs to change much". Except, of course, via Silverlight and WPF, which if not matched by evolution of the open web standards, will spread far and wide on the Web, as Flash already has. And that change to the Web is apparently just fine and dandy according to Microsoft. First, Microsoft does not think the Web needs to change much, but then they give us Silverlight and WPF? An amazing contradiction if I ever saw one. It is obvious that Microsoft wants to lock the Web to their proprietary technologies again. They want Silverlight, not some new open standard which further threatens their locked-in position. They will use dirty tricks - lies and deception - to convince people that they are in the right. Excellent discussion on how Microsoft participates in open standards groups to delay, stall and dumb down the Open Web formats, protocols and interfaces their competitors use. With their applications and services, Microsoft offers users a Hobbsian choice; use the stalled, limited and dumbed down Open Web standards, or, use rich, fully featured and advanced but proprietary Silverlight-WPF technologies. Some choice.
Gary Edwards

Why Mozilla is committed to Gecko as WebKit popularity grows: Page 1 - 0 views

  • One of the primary reasons for the enormous complexity of the Gecko code base is that it aims to provide much more than just an HTML renderer. Mozilla's early goals were extremely ambitious—the original Mozilla application suite included a browser, a complete mail and newsgroup program, a web design tool, and an IRC client. In addition to rendering HTML, Gecko also provides a versatile XML-based user interface rendering framework called XUL that was used extensively in those applications. XUL is still used today to create the Firefox user interface, and it facilitates that browser's support for extensions, which are regarded by many enthusiasts as one of the most valuable features offered by Firefox.
  • XPCOM, a powerful component system
  • Gecko 1.9 uses the cross-platform Cairo rendering framework.
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  • reflow algorithm
  • Firefox 4 and replaces XPCOM reference counting with real garbage collection
  • support for some CSS 3 features that are implemented in WebKit.
  • TraceMonkey engine landed in recent nightly builds and will likely be included in 3.1; it massively boosts JavaScript performance
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    The consensus of the developers who are using WebKit is clear: it's an outstanding rendering engine that lends itself to an extremely diverse assortment of practical uses. It is everywhere, and it is gaining traction at a very impressive rate. That traction is causing some developers to question whether Mozilla's Gecko rendering engine is still relevant.
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    Historical walkthrough comparing two great rendering engines (layout); Mozilla Gecko and WebKit.
Gonzalo San Gil, PhD.

Urge the EU Parliament to Stand For Net Neutrality | La Quadrature du Net - 0 views

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    [The EU Parliament just started discussing a resolution and oral question to the Commission on Net Neutrality. Make your voice heard to ensure that your EU representatives make a strong commitment for a free and open Internet against pressure from the telecoms industry. ...]
thinkahol *

Citizen Scientist 2.0 - 4 views

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    What does the future of science look like? About a year ago, I was asked this question. My response then was: Transdisciplinary collaboration. Researchers from a variety of domains-biology, philosophy, psychology, neuroscience, economics, law-all coming together, using inputs from each specialized area to generate the best comprehensive solutions to society's more persistent problems. Indeed, it appears as if I was on the right track, as more and more academic research departments, as well as industries, are seeing the value in this type of partnership. Now let's take this a step further. Not only do I think we will be relying on inputs from researchers and experts from multiple domains to solve scientific problems, but I see society itself getting involved on a much more significant level as well. And I don't just mean science awareness. I'm talking about actually participating in the research itself. Essentially, I see a huge boom in the future for Citizen Science.
Paul Merrell

DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals - Law Blog - WSJ - 0 views

  • The U.S. Department of Justice is pushing to make it easier for law enforcement to get warrants to hack into the computers of criminal suspects across the country. The move, which would alter federal court rules governing search warrants, comes amid increases in cases related to computer crimes. Investigators say they need more flexibility to get warrants to allow hacking in such cases, especially when multiple computers are involved or the government doesn’t know where the suspect’s computer is physically located. The Justice Department effort is raising questions among some technology advocates, who say the government should focus on fixing the holes in computer software that allow such hacking instead of exploiting them. Privacy advocates also warn government spyware could end up on innocent people’s computers if remote attacks are authorized against equipment whose ownership isn’t clear.
  • The government’s push for rule changes sheds light on law enforcement’s use of remote hacking techniques, which are being deployed more frequently but have been protected behind a veil of secrecy for years. In documents submitted by the government to the judicial system’s rule-making body this year, the government discussed using software to find suspected child pornographers who visited a U.S. site and concealed their identity using a strong anonymization tool called Tor. The government’s hacking tools—such as sending an email embedded with code that installs spying software — resemble those used by criminal hackers. The government doesn’t describe these methods as hacking, preferring instead to use terms like “remote access” and “network investigative techniques.” Right now, investigators who want to search property, including computers, generally need to get a warrant from a judge in the district where the property is located, according to federal court rules. In a computer investigation, that might not be possible, because criminals can hide behind anonymizing technologies. In cases involving botnets—groups of hijacked computers—investigators might also want to search many machines at once without getting that many warrants.
  • Some judges have already granted warrants in cases when authorities don’t know where the machine is. But at least one judge has denied an application in part because of the current rules. The department also wants warrants to be allowed for multiple computers at the same time, as well as for searches of many related storage, email and social media accounts at once, as long as those accounts are accessed by the computer being searched. “Remote searches of computers are often essential to the successful investigation” of computer crimes, Acting Assistant Attorney General Mythili Raman wrote in a letter to the judicial system’s rulemaking authority requesting the change in September. The government tries to obtain these “remote access warrants” mainly to “combat Internet anonymizing techniques,” the department said in a memo to the authority in March. Some groups have raised questions about law enforcement’s use of hacking technologies, arguing that such tools mean the government is failing to help fix software problems exploited by criminals. “It is crucial that we have a robust public debate about how the Fourth Amendment and federal law should limit the government’s use of malware and spyware within the U.S.,” said Nathan Wessler, a staff attorney at the American Civil Liberties Union who focuses on technology issues.
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  • A Texas judge who denied a warrant application last year cited privacy concerns associated with sending malware when the location of the computer wasn’t known. He pointed out that a suspect opening an email infected with spyware could be doing so on a public computer, creating risk of information being collected from innocent people. A former computer crimes prosecutor serving on an advisory committee of the U.S. Judicial Conference, which is reviewing the request, said he was concerned that allowing the search of multiple computers under a single warrant would violate the Fourth Amendment’s protections against overly broad searches. The proposed rule is set to be debated by the Judicial Conference’s Advisory Committee on Criminal Rules in early April, after which it would be opened to public comment.
Paul Merrell

American Surveillance Now Threatens American Business - The Atlantic - 0 views

  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
  • A new study finds that a vast majority of Americans trust neither the government nor tech companies with their personal data.
  • According to the study, 70 percent of Americans are “at least somewhat concerned” with the government secretly obtaining information they post to social networking sites. Eighty percent of respondents agreed that “Americans should be concerned” with government surveillance of telephones and the web. They are also uncomfortable with how private corporations use their data: Ninety-one percent of Americans believe that “consumers have lost control over how personal information is collected and used by companies,” according to the study. Eighty percent of Americans who use social networks “say they are concerned about third parties like advertisers or businesses accessing the data they share on these sites.” And even though they’re squeamish about the government’s use of data, they want it to regulate tech companies and data brokers more strictly: 64 percent wanted the government to do more to regulate private data collection. Since June 2013, American politicians and corporate leaders have fretted over how much the leaks would cost U.S. businesses abroad.
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  • What does it look like when a society loses its sense of privacy? <div><a href="http://pubads.g.doubleclick.net/gampad/jump?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" title=""><img style="border:none;" src="http://pubads.g.doubleclick.net/gampad/ad?iu=%2F4624%2FTheAtlanticOnline%2Fchannel_technology&t=src%3Dblog%26by%3Drobinson-meyer%26title%3Damerican-surveillance-now-threatens-american-business%26pos%3Din-article&sz=300x250&c=285899172&tile=1" alt="" /></a></div>In the almost 18 months since the Snowden files first received coverage, writers and critics have had to guess at the answer. Does a certain trend, consumer complaint, or popular product epitomize some larger shift? Is trust in tech companies eroding—or is a subset just especially vocal about it? Polling would make those answers clear, but polling so far has been… confused. A new study, conducted by the Pew Internet Project last January and released last week, helps make the average American’s view of his or her privacy a little clearer. And their confidence in their own privacy is ... low. The study's findings—and the statistics it reports—stagger. Vast majorities of Americans are uncomfortable with how the government uses their data, how private companies use and distribute their data, and what the government does to regulate those companies. No summary can equal a recounting of the findings. Americans are displeased with government surveillance en masse:   
  • “It’s clear the global community of Internet users doesn’t like to be caught up in the American surveillance dragnet,” Senator Ron Wyden said last month. At the same event, Google chairman Eric Schmidt agreed with him. “What occurred was a loss of trust between America and other countries,” he said, according to the Los Angeles Times. “It's making it very difficult for American firms to do business.” But never mind the world. Americans don’t trust American social networks. More than half of the poll’s respondents said that social networks were “not at all secure. Only 40 percent of Americans believe email or texting is at least “somewhat” secure. Indeed, Americans trusted most of all communication technologies where some protections has been enshrined into the law (though the report didn’t ask about snail mail). That is: Talking on the telephone, whether on a landline or cell phone, is the only kind of communication that a majority of adults believe to be “very secure” or “somewhat secure.”
  • (That may seem a bit incongruous, because making a telephone call is one area where you can be almost sure you are being surveilled: The government has requisitioned mass call records from phone companies since 2001. But Americans appear, when discussing security, to differentiate between the contents of the call and data about it.) Last month, Ramsey Homsany, the general counsel of Dropbox, said that one big thing could take down the California tech scene. “We have built this incredible economic engine in this region of the country,” said Homsany in the Los Angeles Times, “and [mistrust] is the one thing that starts to rot it from the inside out.” According to this poll, the mistrust has already begun corroding—and is already, in fact, well advanced. We’ve always assumed that the great hurt to American business will come globally—that citizens of other nations will stop using tech companies’s services. But the new Pew data shows that Americans suspect American businesses just as much. And while, unlike citizens of other nations, they may not have other places to turn, they may stop putting sensitive or delicate information online.
Paul Merrell

The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
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    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
Paul Merrell

Secret 'BADASS' Intelligence Program Spied on Smartphones - The Intercept - 0 views

  • British and Canadian spy agencies accumulated sensitive data on smartphone users, including location, app preferences, and unique device identifiers, by piggybacking on ubiquitous software from advertising and analytics companies, according to a document obtained by NSA whistleblower Edward Snowden. The document, included in a trove of Snowden material released by Der Spiegel on January 17, outlines a secret program run by the intelligence agencies called BADASS. The German newsweekly did not write about the BADASS document, attaching it to a broader article on cyberwarfare. According to The Intercept‘s analysis of the document, intelligence agents applied BADASS software filters to streams of intercepted internet traffic, plucking from that traffic unencrypted uploads from smartphones to servers run by advertising and analytics companies.
  • Programmers frequently embed code from a handful of such companies into their smartphone apps because it helps them answer a variety of questions: How often does a particular user open the app, and at what time of day? Where does the user live? Where does the user work? Where is the user right now? What’s the phone’s unique identifier? What version of Android or iOS is the device running? What’s the user’s IP address? Answers to those questions guide app upgrades and help target advertisements, benefits that help explain why tracking users is not only routine in the tech industry but also considered a best practice. For users, however, the smartphone data routinely provided to ad and analytics companies represents a major privacy threat. When combined together, the information fragments can be used to identify specific users, and when concentrated in the hands of a small number of companies, they have proven to be irresistibly convenient targets for those engaged in mass surveillance. Although the BADASS presentation appears to be roughly four years old, at least one player in the mobile advertising and analytics space, Google, acknowledges that its servers still routinely receive unencrypted uploads from Google code embedded in apps.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
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  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

FBI Now Holding Up Michael Horowitz' Investigation into the DEA | emptywheel - 0 views

  • Man, at some point Congress is going to have to declare the FBI legally contemptuous and throw them in jail. They continue to refuse to cooperate with DOJ’s Inspector General, as they have been for basically 5 years. But in Michael Horowitz’ latest complaint to Congress, he adds a new spin: FBI is not only obstructing his investigation of the FBI’s management impaired surveillance, now FBI is obstructing his investigation of DEA’s management impaired surveillance. I first reported on DOJ IG’s investigation into DEA’s dragnet databases last April. At that point, the only dragnet we knew about was Hemisphere, which DEA uses to obtain years of phone records as well as location data and other details, before it them parallel constructs that data out of a defendant’s reach.
  • But since then, we’ve learned of what the government claims to be another database — that used to identify Shantia Hassanshahi in an Iranian sanctions case. After some delay, the government revealed that this was another dragnet, including just international calls. It claims that this database was suspended in September 2013 (around the time Hemisphere became public) and that it is no longer obtaining bulk records for it. According to the latest installment of Michael Horowitz’ complaints about FBI obstruction, he tried to obtain records on the DEA databases on November 20, 2014 (of note, during the period when the government was still refusing to tell even Judge Rudolph Contreras what the database implicating Hassanshahi was). FBI slow-walked production, but promised to provide everything to Horowitz by February 13, 2015. FBI has decided it has to keep reviewing the emails in question to see if there is grand jury, Title III electronic surveillance, and Fair Credit Reporting Act materials, which are the same categories of stuff FBI has refused in the past. So Horowitz is pointing to the language tied to DOJ’s appropriations for FY 2015 which (basically) defunded FBI obstruction. Only FBI continues to obstruct.
  • There’s one more question about this. As noted, this investigation is supposed to be about DEA’s databases. We’ve already seen that FBI uses Hemisphere (when I asked FBI for comment in advance of this February 4, 2014 article on FBI obstinance, Hemisphere was the one thing they refused all comment on). And obviously, FBI access another DEA database to go after Hassanshahi. So that may be the only reason why Horowitz needs the FBI’s cooperation to investigate the DEA’s dragnets. Plus, assuming FBI is parallel constructing these dragnets just like DEA is, I can understand why they’d want to withhold grand jury information, which would make that clear. Still, I can’t help but wonder — as I have in the past — whether these dragnets are all connected, a constantly moving shell game. That might explain why FBI is so intent on obstructing Horowitz again.
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    Marcy Wheeler's specuiulation that various government databases simply move to another agency when they're brought to light is not without precedent. When Congress shut down DARPA's Total Information Awareness program, most of its software programs and databases were just moved to NSA. 
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