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Paul Merrell

EU Parliament rejects UN web control - Tells Member States to block ITU proposal | TechEye - 0 views

  • The European Parliament has opposed the UN's International Telecommunications' Union's attempt to take control of the web.  The ITU, a specialised UN agency, is largely expected to appoint itself guardian of the internet in an upcoming meeting. The European Parliament has taken the first official step toward opposing the move, and it told member states that they must act accordingly.  
  • However, this resolution does state that the ITU, or any other single centralised international institution is "not the appropriate body to assert regulatory authority over the internet". It also calls on member states to actively prevent changes to International Telecommunication Regulations which "would be harmful to the openness of the internet, net neutrality, access to creative content online and the participatory governance entrusted to multiple actors such as governments, supranational institutions, NGOs, large and small private operators and the internet public consisting of users and consumers".
  • The Pirate Party considers the resolution a victory. Falkvinge quotes MEP Amelia Andersdotter as saying: "The resolution of the Parliament is a big success for internet users. This sends a clear and positive signal to the European Commission and the Member States".
Gonzalo San Gil, PhD.

Robert McDowell: The U.N. Threat to Internet Freedom - WSJ.com - 5 views

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    [Top-down, international regulation is antithetical to the Net, which has flourished under its current governance model. ...]
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    Trying to fix what ain't broken ...
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    I wish it were a matter to "fix" anything... The issue is trying to Control something that comes working fine without such 'control'...
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    You're right. The desire to censor is the real driving force here, I think.
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    A further thought: There is binding and enforceable international law on the subject of freedom of speech and access to information in a treaty that has been ratified by all nations other than China, which has signed but not yet ratified the treaty. That treaty's terms might provide a rallying point for at least limiting the ITU's desire to grab power over the Internet. The International Covenant on Civil and Political Rights ("ICCRR") Article 19 provides: "1. Everyone shall have the right to hold opinions without interference. "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. "3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals." http://www2.ohchr.org/english/law/ccpr.htm The last exception is broader than what I would prefer. However, while the rights created by by the ICCRR transcend national boundaries, the quoted provision unquestionably stands for the proposition that exception (b) applies only to nations and not to a U.N. body itself. Therefore, there is a very strong argument that content-based both content-based restrictions and changes in the internet's functioning to facilitate such restrictions are beyond the legal jurisdiction of the ITU. I.e., changes in the internet's functioning to facilitate content-based restrictions require consideration of the content types to be restricted. The treaty permits only national level restrictions and arguably, it thereb
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    *Oh, we got -even from before- The Art 27 of The THE UNIVERSAL DECLARATION OF HUMAN RIGHTS https://www.un.org/en/documents/udhr/index.shtml#a27 [(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. ...] And, as 'NOBODY' (Repeat 'NOBODY') has demonstrated that sharing affects negatively to creators (more yet, all the contrary), saying that SHARING (in any way the technology allows) is an EXCELLENT way to "participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits." is The Ultimate Truth. http://www.p2pnet.net/story/7566 *'Authorities only want to control the Information Flow... ...Nothing related with the "Defence" of Anything... but their own craving of control.
Paul Merrell

Blink! Google Is Forking WebKit - Slashdot - 0 views

  • "In a blog post titled Blink: A rendering engine for the Chromium project, Google has announced that Chromium (the open source backend for Chrome) will be switching to Blink, a new WebKit-based web rendering engine. Quoting: 'Chromium uses a different multi-process architecture than other WebKit-based browsers, and supporting multiple architectures over the years has led to increasing complexity for both the WebKit and Chromium projects. This has slowed down the collective pace of innovation... This was not an easy decision. We know that the introduction of a new rendering engine can have significant implications for the web. Nevertheless, we believe that having multiple rendering engines—similar to having multiple browsers—will spur innovation and over time improve the health of the entire open web ecosystem. ... In the short term, Blink will bring little change for web developers. The bulk of the initial work will focus on internal architectural improvements and a simplification of the codebase. For example, we anticipate that we’ll be able to remove 7 build systems and delete more than 7,000 files—comprising more than 4.5 million lines—right off the bat. Over the long term a healthier codebase leads to more stability and fewer bugs.'"
Paul Merrell

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

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

EU high court strikes down metadata collection law | Ars Technica - 1 views

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    "Citizens made to feel that they "are the subject of constant surveillance." by Cyrus Farivar - Apr 8 2014, 4:25pm CEST"
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    Just finished reading the court's opinion. I can only wish that the U.S. government had such fine-tuned respect for civil rights Not quoted in the linked article, but opinion paragraph 68 is very bad news for U.S. service providers: "In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C-614/10 Commission v Austria EU:C:2012:631, paragraph 37).". The Court is holding, in other words, that an E.U. network *must* be created that can prevent user's data from being transported outside the E.U., that user's data retained for law enforcement or national defense purposes cannot be transmitted or stored outside the E.U. It will take awhile for this to be transposed into national laws. But this is very good news for folks in the E.U. and for civil libertarians globally.
Paul Merrell

Freedom Online Coalition Basically Ignores Surveillance: Makes A Mockery Of Its Name | ... - 1 views

  • We already wrote about how US Secretary of State John Kerry made some tone deaf remarks about "online freedom" and transparency during his appearance at the Freedom Online Coalition meeting in Estonia last week. However, it appears that his remarks fit in well with the theme of the event, which appeared to be "big governments ignoring that whole state surveillance online thing." The Freedom Online Coalition is a group of 23 governments, including the US, UK, Canada, Germany, France and many others -- and you'd think they'd pay some attention to the very vocal concerns about how those governments are engaged in lots of online spying. In fact, a bunch of public interest groups sent a letter asking the FOC to live up to their state commitments, and respond to claims of human rights violations against journalists and others via state surveillance online. But... that didn't happen:
  • A dominant theme that ran throughout the conference was erosion of credibility and doubt about member government follow-through on commitments to protect freedom online themselves, much less to serve as role models for other governments. Dutch Foreign Minister Frans Timmermans acknowledged the credibility gap facing the coalition and invited constructive criticism and debate about the proper limits of surveillance. Yet while the final Tallinn declaration produced by FOC governments asserted that members would “[c]ollectively condemn – through diplomatic channels, public statements and other means – violations and abuses of human rights and fundamental freedoms online as they occur in different countries throughout the world,” the declaration says little about reining in indiscriminate surveillance, nor does it acknowledge that mass surveillance chills freedom of expression and violates the right to privacy. Perhaps the Freedom Online Coalition should start exploring a name change to more accurately reflect what they really represent.
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    "from the blathering-about-other-stuff-coalition dept We already wrote about how US Secretary of State John Kerry made some tone deaf remarks about "online freedom" and transparency during his appearance at the Freedom Online Coalition meeting in Estonia last week"
Paul Merrell

The Fundamentals of US Surveillance: What Edward Snowden Never Told Us? | Global Resear... - 0 views

  • Former US intelligence contractor Edward Snowden’s revelations rocked the world.  According to his detailed reports, the US had launched massive spying programs and was scrutinizing the communications of American citizens in a manner which could only be described as extreme and intense. The US’s reaction was swift and to the point. “”Nobody is listening to your telephone calls,” President Obama said when asked about the NSA. As quoted in The Guardian,  Obama went on to say that surveillance programs were “fully overseen not just by Congress but by the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them”. However, it appears that Snowden may have missed a pivotal part of the US surveillance program. And in stating that the “nobody” is not listening to our calls, President Obama may have been fudging quite a bit.
  • In fact, Great Britain maintains a “listening post” at NSA HQ. The laws restricting live wiretaps do not apply to foreign countries  and thus this listening post  is not subject to  US law.  In other words, the restrictions upon wiretaps, etc. do not apply to the British listening post.  So when Great Britain hands over the recordings to the NSA, technically speaking, a law is not being broken and technically speaking, the US is not eavesdropping on our each and every call. It is Great Britain which is doing the eavesdropping and turning over these records to US intelligence. According to John Loftus, formerly an attorney with  the Department of Justice and author of a number of books concerning US intelligence activities, back in the late seventies  the USDOJ issued a memorandum proposing an amendment to FISA. Loftus, who recalls seeing  the memo, stated in conversation this week that the DOJ proposed inserting the words “by the NSA” into the FISA law  so the scope of the law would only restrict surveillance by the NSA, not by the British.  Any subsequent sharing of the data culled through the listening posts was strictly outside the arena of FISA. Obama was less than forthcoming when he insisted that “What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls, and the NSA cannot target your emails … and have not.”
  • According to Loftus, the NSA is indeed listening as Great Britain is turning over the surveillance records en masse to that agency. Loftus states that the arrangement is reciprocal, with the US maintaining a parallel listening post in Great Britain. In an interview this past week, Loftus told this reporter that  he believes that Snowden simply did not know about the arrangement between Britain and the US. As a contractor, said Loftus, Snowden would not have had access to this information and thus his detailed reports on the extent of US spying, including such programs as XKeyscore, which analyzes internet data based on global demographics, and PRISM, under which the telecommunications companies, such as Google, Facebook, et al, are mandated to collect our communications, missed the critical issue of the FISA loophole.
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  • U.S. government officials have defended the program by asserting it cannot be used on domestic targets without a warrant. But once again, the FISA courts and their super-secret warrants  do not apply to foreign government surveillance of US citizens. So all this sturm and drang about whether or not the US is eavesdropping on our communications is, in fact, irrelevant and diversionary.
  • In fact, the USA Freedom Act reinstituted a number of the surveillance protocols of Section 215, including  authorization for  roving wiretaps  and tracking “lone wolf terrorists.”  While mainstream media heralded the passage of the bill as restoring privacy rights which were shredded under 215, privacy advocates have maintained that the bill will do little, if anything, to reverse the  surveillance situation in the US. The NSA went on the record as supporting the Freedom Act, stating it would end bulk collection of telephone metadata. However, in light of the reciprocal agreement between the US and Great Britain, the entire hoopla over NSA surveillance, Section 215, FISA courts and the USA Freedom Act could be seen as a giant smokescreen. If Great Britain is collecting our real time phone conversations and turning them over to the NSA, outside the realm or reach of the above stated laws, then all this posturing over the privacy rights of US citizens and surveillance laws expiring and being resurrected doesn’t amount to a hill of CDs.
Paul Merrell

Xcerion's 'Icloud' Promises Marriage of Remote And Local Computing -- Xcerion -- Inform... - 0 views

  • Xcerion has continued to work toward the general release of its XML-based "Cloud OS," a service based on Xcerion XML Internet Operating System/3 (XIOS/3). The announcement of an official name for the service brings the company a step close to that goal; it also certainly reassures investors like Lou Perazzoli, one of the core architects of Microsoft (NSDQ: MSFT) Windows NT, and Terry Drayton, founder of HomeGrocer.com, that Xcerion's technology is almost ready for prime time.
  • Icloud relies on an XML virtual machine for local (and offline) operation. It thus combines the advantages of remote computing -- a central point for software distribution, storage, and updates -- with the advantages of local computing -- execution speed and user control without a bandwidth bottleneck.
  • Icloud offers an intriguing technology that Xcerion is calling "gesture-based computing." Jonas Thornholm, CFO of Xcerion, believes it may be the service's "killer app." Gesture-based computing is essentially real-time content sharing. It allows users to drag and drop documents from their computer to a friend's computer in real time, as if they two machines were dual monitors powered by a single machine.
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  • Another point of differentiation between Icloud and other WebTop systems is the breadth of Xcerion's ambitions: It's aiming not just to move the desktop into the Internet "cloud" but also to reinvent the economics of software development. Icloud developers can look forward to an Internet-based marketplace for their Web applications that includes monetization technology. They will be able to offer free, ad-supported, or fee-based software with minimal hassle.
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Gary Edwards

Siding with HTML over XHTML, My Decision to Switch - Monday By Noon - 0 views

  • Publishing content on the Web is in no way limited to professional developers or designers, much of the reason the net is so active is because anyone can make a website. Sure, we (as knowledgeable professionals or hobbyists) all hope to make the Web a better place by doing our part in publishing documents with semantically rich, valid markup, but the reality is that those documents are rare. It’s important to keep in mind the true nature of the Internet; an open platform for information sharing.
  • XHTML2 has some very good ideas that I hope can become part of the web. However, it’s unrealistic to think that all web authors will switch to an XML-based syntax which demands that browsers stop processing the document on the first error. XML’s draconian policy was an attempt to clean up the web. This was done around 1996 when lots of invalid content entered the web. CSS took a different approach: instead of demanding that content isn’t processed, we defined rules for how to handle the undefined. It’s called “forward-compatible parsing” and means we can add new constructs without breaking the old. So, I don’t think XHTML is a realistic option for the masses. HTML 5 is it.
    • Gary Edwards
       
      Great quote from CSS expert Hakon Wium Lie.
  • @marbux: Of course i disagree with your interop assessment, but I wondered how it is that you’re missing the point. I think you confuse web applications with legacy desktop – client/server application model. And that confusion leads to the mistake of trying to transfer the desktop document model to one that could adequately service advancing web applications.
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    A CMS expert argues for HTML over XHTML, explaining his reasons for switching. Excellent read! He nails the basics. for similar reasons, we moved from ODF to ePUB and then to CDf and finally to the advanced WebKit document model, where wikiWORD will make it's stand.
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    See also my comment on the same web page that explains why HTML 5 is NOT it for document exchange between web editing applications. .
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    Response to marbux supporting the WebKit layout/document model. Marbux argues that HTML5 is not interoperable, and CSS2 near useless. HTML5 fails regarding the the interop web appplications need. I respond by arguing that the only way to look at web applications is to consider that the browser layout engine is the web application layout engine! Web applications are actually written to the browser layout/document model, OR, to take advantage of browser plug-in capabilities. The interoperability marbux seeks is tied directly to the browser layout engine. In this context, the web format is simply a reflection of that layout engine. If there's an interop problem, it comes from browser madness differentials. The good news is that there are all kinds of efforts to close the browser gap: including WHATWG - HTML5, CSS3, W3C DOM, JavaScript Libraries, Google GWT (Java to JavaScript), Yahoo GUI, and the my favorite; WebKit. The bad news is that the clock is ticking. Microsoft has pulled the trigger and the great migration of MSOffice client/server systems to the MS WebSTack-Mesh architecture has begun. Key to this transition are the WPF-.NET proprietary formats, protocols and interfaces such as XAML, Silverlight, LINQ, and Smart Tags. New business processes are being written, and old legacy desktop bound processes are being transitioned to this emerging platform. The fight for the Open Web is on, with Microsoft threatening to transtion their entire business desktop monopoly to a Web platfomr they own. ~ge~
Paul Merrell

Sir Tim Berners-Lee on 'Reinventing HTML' - 0 views

    • Paul Merrell
       
      Berners-Lee gives the obligaotry lip service to participation of "other stakeholders" but the stark reality is that W3C is the captive of the major browser developers. One may still credit W3C staff and Berners-Lee for what they have accomplished despite that reality, but in an organization that sells votes the needs of "other stakeholders" will always be neglected.
  • Some things are clearer with hindsight of several years. It is necessary to evolve HTML incrementally. The attempt to get the world to switch to XML, including quotes around attribute values and slashes in empty tags and namespaces all at once didn't work. The large HTML-generating public did not move, largely because the browsers didn't complain. Some large communities did shift and are enjoying the fruits of well-formed systems, but not all. It is important to maintain HTML incrementally, as well as continuing a transition to well-formed world, and developing more power in that world.
  • The plan is, informed by Webforms, to extend HTML forms. At the same time, there is a work item to look at how HTML forms (existing and extended) can be thought of as XForm equivalents, to allow an easy escalation path. A goal would be to have an HTML forms language which is a superset of the existing HTML language, and a subset of a XForms language wit added HTML compatibility.
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  • There will be no dependency of HTML work on the XHTML2 work.
    • Paul Merrell
       
      He just confirms that that incremental migration from HTML forms to XForms is entirely a pie-in-the-sky aspiration, not a plan.
  • This is going to be a very major collaboration on a very important spec, one of the crown jewels of web technology. Even though hundreds of people will be involved, we are evolving the technology which millions going on billions will use in the future. There won't seem like enough thankyous to go around some days.
    • Paul Merrell
       
      This is the precise reason the major browser developers must be brought to heel rather than being catered to with a standard that serves only the needs of the browser developers and not the need of users for interoperable web applications. CSS is in the web app page templates, not in the markup that can be exchanged by web apps. Why can't MediaWiki exchange page content with Drupal? It's because HTML really sucks biig time as a data exchange format. All the power is in the CSS site templates, not in what users can stick in HTML forms.
    • Paul Merrell
       
      Bye-bye XForms.
    • Paul Merrell
       
      Perhaps a political reality. But I am 62 years old, have had three major heart attacks, and am still smoking cigarettes. I would like to experience interoperable web apps before I die. What does the incremental strategy do for me? I would much prefer to see Berners-Lee raising his considerable voice and stature against the dominance of the browser developers at W3C.
  • The perceived accountability of the HTML group has been an issue. Sometimes this was a departure from the W3C process, sometimes a sticking to it in principle, but not actually providing assurances to commenters. An issue was the formation of the breakaway WHAT WG, which attracted reviewers though it did not have a process or specific accountability measures itself.
  • Some things are very clear. It is really important to have real developers on the ground involved with the development of HTML. It is also really important to have browser makers intimately involved and committed. And also all the other stakeholders, including users and user companies and makers of related products.
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Paul Merrell

Antitrust Week Continues: EU Slams Intel With $1.45b Fine - Law Blog - WSJ - 0 views

  • Most likely, we grant you, it was coincidence. But we couldn’t help notice the timing: Two days after the DOJ’s new antitrust head, Christine Varney, publicly repudiates her predecessors by pledging to ramp up enforcement on so-called “single-firm” monopolistic behavior, the European Union takes a sledgehammer to Intel Corp., fining it $1.45 billion for alleged monopolistic activity. The fine is the largest ever assessed for monopoly abuse. Click here for the WSJ story, from Charles Forelle; here for the NYT story; here for the NYT story; here for the FT story; here for the Commission’s statement; here for Intel’s response.
    • Paul Merrell
       
      See my earlier Diigo bookmark quoting the DG Competition statement that it had coordinated with the U.S. Justice Dept. in its simultaneous and ongoing investigation of INtel.
  • John Pheasant, an antitrust practitioner at Hogan & Hartson in London and Brussels, told the Law Blog that some of the evidence does “not look very good for Intel,” adding that “if the facts are there, this type of conduct is more likely to be regarded as abusive if practiced by a dominant company. . . .”
  • On Varney’s statement from earlier this week, Kroes said the Justice Department’s stance gave her a “huge positive feeling. The more competition authorities joining us in our competition philosophy, the better it is.”
Gonzalo San Gil, PhD.

Here's why patents are innovation's worst enemy | Vivek Wadhwa | LinkedIn - 1 views

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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    "The Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.""
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    The quote is somewhat misleading because it is out of context. The section is preceded by: "The Congress shall have Power ..." Those are words of discretion, not commandment. Nothing in the Constitution *requires* that patent and copyright systems be established. "Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, *but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body."* VI Writings of Thomas Jefferson, at 180-181 (Washington ed.).
Paul Merrell

Help:CirrusSearch - MediaWiki - 0 views

  • CirrusSearch is a new search engine for MediaWiki. The Wikimedia Foundation is migrating to CirrusSearch since it features key improvements over the previously used search engine, LuceneSearch. This page describes the features that are new or different compared to the past solutions.
  • 1 Frequently asked questions 1.1 What's improved? 2 Updates 3 Search suggestions 4 Full text search 4.1 Stemming 4.2 Filters (intitle:, incategory: and linksto:) 4.3 prefix: 4.4 Special prefixes 4.5 Did you mean 4.6 Prefer phrase matches 4.7 Fuzzy search 4.8 Phrase search and proximity 4.9 Quotes and exact matches 4.10 prefer-recent: 4.11 hastemplate: 4.12 boost-templates: 4.13 insource: 4.14 Auxiliary Text 4.15 Lead Text 4.16 Commons Search 5 See also
  • Stemming In search terminology, support for "stemming" means that a search for "swim" will also include "swimming" and "swimmed", but not "swam". There is support for dozens of languages, but all languages are wanted. There is a list of currently supported languages at elasticsearch.org; see their documentation on contributing to submit requests or patches.
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  • See also Full specifications in the browser tests
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    Lots of new tricks to learn on sites using MediaWiki as folks update their installations, I'm not a big fan of programs written in PHP and Javascript, but they're impossible to avoid on the Web. So is MediaWiki, so any real improvements help.  
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

Was Destructive 'Slingshot' Malware Deployed by the Pentagon? | The American Conservative - 0 views

  • Earlier this March, cyber-security firm Kaspersky Labs released information on a newly discovered, highly advanced piece of malware dubbed Slingshot. The malware targeted Latvian-made Internet routers popular in the Middle East, Africa, and Southeast Asia. Kaspersky’s reports reveal that the malware had been active since at least 2012, and speculates that it was government-made, owing to its sophistication and its use of novel techniques rarely seen elsewhere. Those investigating the matter further have drawn the conclusion that Slingshot was developed by the U.S. government, with some reports quoting former officials as connecting it to the Pentagon’s JSOC special forces. For those following the cyber security and malware sphere, this is a huge revelation, putting the U.S. government in the hot seat for deploying cyber attacks that harm a much greater range of innocent users beyond their intended targets. Kaspersky’s own findings note that the code was written in English, using a driver flaw to allow the implanting of various types of spyware. Among those mentioned by Moscow-based Kaspersky was an implant named “GOLLUM,” which notably was mentioned in one of the leaked Edward Snowden documents. Further findings suggest that Slingshot had common code with only two other known pieces of software, both malwares, which were attributed to the NSA and CIA, respectively, by analysts. Though various U.S. agencies are all denying comment, things are clearly pointing uncomfortably in their direction.
Paul Merrell

AG Barr asks Facebook to postpone encrypted messaging plans - 0 views

  • Attorney General William Barr asks Facebook CEO Mark Zuckerberg to hold off on his plans to encrypt the company’s three messaging services until officials can determine it will not reduce public safety in a letter dated Oct. 4.Barr’s request is backed by officials in the U.K. and Australia. BuzzFeed News first reported the story after obtaining a draft of the open letter on Thursday. The letter, which the DOJ sent to CNBC Thursday, builds on concerns about Facebook’s plans to integrate and encrypt its messaging services across Messenger, Instagram and WhatsApp. A New York Times investigation published Saturday found that encrypted technology helps predators share child pornography online in a way that makes it much harder for law enforcement to track down.
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    The text of the Attorney General's letter to Zuckerberg is here. Note the strong DoJ concern about child sex abusers. Yes, the same DoJ that let serial pederast Jeffrey Epstein off with a 13-month sentence in a county jail, where he was allowed to leave for 12 hours every day. The same DoJ that frames Muslims who lack mental capacity to resist to charge them as "terrorists." My point being that "child abuse" and "terrorists" are not real concerns for our illustrious leaders. It also bears notice that what government officials are after (without saying so) is the ability to intercept and decode messages en masse as they transit the Internet. With snail mail interception, that requires an individualized search warrant signed by a judge based on probable cause to believe that the mail contains evidence of a crime. But these folks want to read everything transmitted. Might one reasonably suspect that they have no respect for our Constitution?
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
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