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Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Wiretap Numbers Don't Add Up | Just Security - 0 views

  • Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications as required by Title III of the Omnibus Crime Control and Safe Streets Act of 1968. News headlines touted that the number of federal and state wiretaps for 2014 was down 1% for a total of 3,554. Of these, there were few involving encrypted communications; and for those, law enforcement agencies were in most cases able to overcome the encryption. But there is a bigger story that calls into question the accuracy of the all of the prior reports submitted to the AO and the overall data provided to Congress and the public in the Wiretap Reports. Since the Snowden revelations, more and more companies have started publishing “transparency reports” about the number and nature of government demands to access their users’ data. AT&T, Verizon, and Sprint published data for 2014 earlier this year and T-Mobile published its first transparency report on the same day the AO released the Wiretap Report. In aggregate, the four companies state that they implemented 10,712 wiretaps, a threefold difference over the total number reported by the AO. Note that the 10,712 number is only for the four companies listed above and does not reflect wiretap orders received by other telephone carriers or online providers, so the discrepancy actually is larger.
  • So what accounts for the huge gap in reporting? That is a question Congress and the AO should be asking prosecutors and judges who are required by law to make complete and accurate reports of the number of wiretaps conducted each year. Are wiretaps being consistently under­reported to Congress and the public? Based on the data reported by the four major carriers for 2013 and 2014, it certainly would appear to be the case.
Gonzalo San Gil, PhD.

NoScript - JavaScript/Java/Flash blocker for a safer Firefox experience! - NoScript Rel... - 0 views

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    "Congratulations, you've got the latest version. If you find any bug or you'd like an enhancement, please report here or here. Many thanks! Main good news Script Surrogate replacement for googletagservices.com (thanks Guest and barbaz). Fixed XSS false positive in the new gmx.com webmail login and in other services (e.g. mail.com) using the same back-end. Better compatibility with script inclusion enforcers such as Require.js. Safer toStaticHTML() implementation (thanks .mario for reporting). Several XSS filter improvements (thanks Masato Kinugawa for reporting). CAPS-independent, finer-tuned version of the "Allow local links" feature."
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    "Congratulations, you've got the latest version. If you find any bug or you'd like an enhancement, please report here or here. Many thanks! Main good news Script Surrogate replacement for googletagservices.com (thanks Guest and barbaz). Fixed XSS false positive in the new gmx.com webmail login and in other services (e.g. mail.com) using the same back-end. Better compatibility with script inclusion enforcers such as Require.js. Safer toStaticHTML() implementation (thanks .mario for reporting). Several XSS filter improvements (thanks Masato Kinugawa for reporting). CAPS-independent, finer-tuned version of the "Allow local links" feature."
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    "Congratulations, you've got the latest version. If you find any bug or you'd like an enhancement, please report here or here. Many thanks! Main good news Script Surrogate replacement for googletagservices.com (thanks Guest and barbaz). Fixed XSS false positive in the new gmx.com webmail login and in other services (e.g. mail.com) using the same back-end. Better compatibility with script inclusion enforcers such as Require.js. Safer toStaticHTML() implementation (thanks .mario for reporting). Several XSS filter improvements (thanks Masato Kinugawa for reporting). CAPS-independent, finer-tuned version of the "Allow local links" feature."
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Gonzalo San Gil, PhD.

Software Should Be Free: The FSF's first Annual Report - Free Software Foundation - wor... - 1 views

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    "by Georgia Young - Published on Aug 11, 2016 03:58 PM The Free Software Foundation has been fighting for user freedom for more than thirty years with your support. FY2015 Annual Report cover - Software should be free as in freedom Now we are publishing our first Annual Report, which covers the 2015 fiscal year of October 1, 2014 through September 30, 2015. The report offers a look at the Foundation's activities, accomplishments, and financial picture. You will also read about the impact of our programs and FY2015's major events, including LibrePlanet and our thirtieth anniversary. A high resolution version is also available."
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    "by Georgia Young - Published on Aug 11, 2016 03:58 PM The Free Software Foundation has been fighting for user freedom for more than thirty years with your support. FY2015 Annual Report cover - Software should be free as in freedom Now we are publishing our first Annual Report, which covers the 2015 fiscal year of October 1, 2014 through September 30, 2015. The report offers a look at the Foundation's activities, accomplishments, and financial picture. You will also read about the impact of our programs and FY2015's major events, including LibrePlanet and our thirtieth anniversary. A high resolution version is also available."
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
Gonzalo San Gil, PhD.

Google Highlights DMCA Abuse in New Copyright Transparency Report - TorrentFreak - 0 views

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    " Ernesto on September 12, 2016 C: 3 News Google has released a new and improved version of its Copyright Transparency Report. The revamped report makes it easier to get insights into over a billion reported URLs. Among other things, Google now specifies how many URLs it does not remove and why, highlighting various cases of DMCA abuse"
Gonzalo San Gil, PhD.

Global Information Technology Report 2015 - Reports - World Economic Forum - 0 views

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    " Report Highlights Network Readiness Index Country/Economy Profiles Infographics and Shareables Blogs and Opinions Press Releases Read the full report "
Gonzalo San Gil, PhD.

Report: 3.5 Million HTTPS Servers Vulnerable to DROWN | Software | LinuxInsider - 0 views

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    A report released Tuesday on the DROWN vulnerability raises concerns about possible attacks that could expose encrypted communications. Report: 3.5 Million HTTPS Servers Vulnerable to DROWN DROWN, which stands for "Decrypting RSA with Obsolete and Weakened eNcryption," is a serious vulnerability that affects HTTPS and other services using SSL version 2, according to the team of security researchers who compiled the report.
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Gonzalo San Gil, PhD.

Gallo report: Copyright dogmatism wins a battle, not the war Submitted on 01 June 2010 ... - 1 views

  • Brussels, June 1st 2010 - The vote, in JURI committee of the European Parliament on the Gallo report "Enforcement of intellectual property", including the rapporteur's repressive amendments, reflects the asphyxiating influence of corporate lobbies on EU policy-making. The ALDE group, which had stood for fundamental freedoms on several occasions, this time sided with the entertainment industries. This vote should make EU citizens react and convince MEPs about the stakes of our evolving digital societies. Beyond the vote of the Gallo report in plenary session, there are other upcoming legislative battles where the public interest of creativity and access to knowledge can be upheld against an obsolete vision of copyright.
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    Gallo Report on the future of EU copyright: repression or reflexion ? Submitted on 25 May 2010 in * copyright * proposals * Gallo * press release * Read more * Twitter * Facebook * Delicious * Digg * MySpace * Français Paris, May 25th, 2010 - The Gallo Report on the future of "intellectual property rights" (IPR) enforcement will be voted on June 1st, at 9 AM,1 in the Committee for Legal Affairs (JURI) of the European Parliament. Since no compromise was found between the members of the committee, two visions will frontally oppose. While the rapporteur -- French sarkozyst EPP member Marielle Gallo -- is pushing for more repression to tackle online file-sharing, some positive amendments from all the other political groups2 seek to end the dogmatic repression and call for the consideration of alternative schemes to fund creation. Every citizen concerned by the future of copyright in Europe and by the open nature of the Internet should express their views to the Members of the JURI committee3. 1. 1. http://www.europarl.europa.eu/activities/committees/calendarCom.do?langu... 2. 2. http://www.laquadrature.net/wiki/Rapport_Gallo_Amendments 3. 3. La Quadrature's wiki-based tool Political Memorycan be used for this purpose.
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    Perhaps The (Only One) Association that cares about Internet Citizens' Freedoms here in Europe...
Gonzalo San Gil, PhD.

United States Hosts Most Pirate Sites, UK Crime Report Finds | TorrentFreak - 0 views

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    " Ernesto on October 17, 2014 C: 27 Breaking The latest UK IP Crime Report reveals that significant progress is being made in the fight against online piracy but still many challenges remain. One of the main problems traces back to U.S. hosting companies, who according to the report give shelter to most of the investigated pirate sites."
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    " Ernesto on October 17, 2014 C: 27 Breaking The latest UK IP Crime Report reveals that significant progress is being made in the fight against online piracy but still many challenges remain. One of the main problems traces back to U.S. hosting companies, who according to the report give shelter to most of the investigated pirate sites."
Gonzalo San Gil, PhD.

Mega Publishes First Transparency Report | TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! How good it would be if Governments, Lawmakers and many # ! Companies with pubic impact, published their own # ! 'Transparency Reports'...
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    " Andy on June 15, 2015 C: 0 Breaking After 2.5 years of operations the Mega cloud storage service has published its first transparency report. Aimed at inspiring confidence in how the company deals with complaints and protects privacy, the document reveals that Mega takes content down faster than Google and a maximum of 0.165% of users have been suspended."
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    " Andy on June 15, 2015 C: 0 Breaking After 2.5 years of operations the Mega cloud storage service has published its first transparency report. Aimed at inspiring confidence in how the company deals with complaints and protects privacy, the document reveals that Mega takes content down faster than Google and a maximum of 0.165% of users have been suspended."
Gonzalo San Gil, PhD.

Copyright Reform: The European Parliament Must Follow the Reda Report! | La Quadrature ... - 0 views

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    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
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    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
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    "Submitted on 26 Jan 2015 - 11:47 copyright creative contribution Andrus Ansip Günther Oettinger press release Printer-friendly version Send by email Français Paris, January 26, 2015 - Yesterday, MEP Julia Reda presented in the Committee on Legal Affairs (JURI) of the European Parliament a report on the harmonization of copyright in Europe. She tables modest but welcome proposals for a reform of copyright, several of which have been supported by La Quadrature du Net." [# ! And You can still take part... https://www.discuto.io/en/consultation/6240?page=2]
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

NSA Based Malware Used In Massive Cyber-Attack Hitting 74 Countries - 0 views

  • Apparent National Security Agency (NSA) malware has been used in a global cyber-attack, including on British hospitals, in what whistleblower Edward Snowden described as the repercussion of the NSA’s reckless decision to build the tools. “Despite warnings, @NSAGov built dangerous attack tools that could target Western software. Today we see the cost,” Snowden tweeted Friday. At least two hospitals in London were forced to shut down and stop admitting patients after being attacked by the malware, which operates by locking out the user, encrypting data, and demanding a ransom to release it. The attacks hit dozens of other hospitals, ambulance operators, and doctors’ offices as well.
  • The Blackpool Gazette in the northwest reported that medical staff had resorted to using pen and paper when phone and computer systems shut down. Elsewhere, journalist Ollie Cowan tweeted a photo of ambulances “backed up” at Southport Hospital as the staff attempted to cope with the crisis.
  • Other disruptions were reported in at least 74 countries, including Russia, Spain, Turkey, and Japan, and the number is “growing fast,” according to Kaspersky Lab chief Costin Raiu. Security architect Kevin Beau said it was spreading into the U.S. as well. The malware, which Microsoft tested briefly earlier this year, was leaked by a group calling itself the Shadow Brokers, which has been releasing NSA hacking tools online since last year, the New York Times reports. Times journalists Dan Bilefsky and Nicole Perlroth wrote: Microsoft rolled out a patch for the vulnerability in March, but hackers apparently took advantage of the fact that vulnerable targets—particularly hospitals—had yet to update their systems. The malware was circulated by email. Targets were sent an encrypted, compressed file that, once loaded, allowed the ransomware to infiltrate its targets. Reuters reported that the National Health Service (NHS), England’s public health system, was warned about possible hacking earlier in the day, but that by then it was already too late.
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  • A Twitter account with the handle @HackerFantastic, the co-founder of the cyber security company Hacker House, tweeted that the firm had “warned the NHS with Sky news about vulnerabilities they had last year, this was inevitable and bound to happen at some stage.” “In light of today’s attack, Congress needs to be asking @NSAgov if it knows of any other vulnerabilities in software used in our hospitals,” Snowden tweeted. “If @NSAGov had privately disclosed the flaw used to attack hospitals when they *found* it, not when they lost it, this may not have happened.” Disclosing the vulnerability when it was found would have given hospitals years, not months, to update their systems and prepare for an attack, he added.
  • witter user @MalwareTechBlog added, “Something like this is incredibly significant, we’ve not seen P2P spreading on PC via exploits at this scale in nearly a decade.” Patrick Toomey, a staff attorney with the American Civil Liberties Union’s (ACLU) National Security Project, said, “It would be shocking if the NSA knew about this vulnerability but failed to disclose it to Microsoft until after it was stolen.” “These attacks underscore the fact that vulnerabilities will be exploited not just by our security agencies, but by hackers and criminals around the world,” Toomey said. “It is past time for Congress to enhance cybersecurity by passing a law that requires the government to disclose vulnerabilities to companies in a timely manner. Patching security holes immediately, not stockpiling them, is the best way to make everyone’s digital life safer.”
Gonzalo San Gil, PhD.

EFF in 2015 - Annual Report - 0 views

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    [The Electronic Frontier Foundation was founded in 1990 to protect the rights of technology users, a mission that expands dramatically as digital devices and networks transform modern life and culture. With over 25,000 dues-paying members around the world and a social media reach of well over 1 million followers across different social networks, EFF engages directly with digital users worldwide and provides leadership on cutting-edge issues of free expression, privacy, and human rights. Our annual report features reflections from several EFF staff members about some of our most significant efforts, as well as financial information for the fiscal year ending June 2015. To learn more, read our Year in Review series. ...]
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    [The Electronic Frontier Foundation was founded in 1990 to protect the rights of technology users, a mission that expands dramatically as digital devices and networks transform modern life and culture. With over 25,000 dues-paying members around the world and a social media reach of well over 1 million followers across different social networks, EFF engages directly with digital users worldwide and provides leadership on cutting-edge issues of free expression, privacy, and human rights. Our annual report features reflections from several EFF staff members about some of our most significant efforts, as well as financial information for the fiscal year ending June 2015. To learn more, read our Year in Review series. ...]
Gonzalo San Gil, PhD.

Take action to stop secret lobbying | Democracy International e.V. - 0 views

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    "On 12 September, members of the European Parliament (MEPs) who sit on the committee on constitutional affairs (AFCO) will presumably vote on the report on "Transparency, integrity and accountability in the EU institutions". The report includes important proposals on how to make decision-making in Brussels more transparent and ethical."
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    "On 12 September, members of the European Parliament (MEPs) who sit on the committee on constitutional affairs (AFCO) will presumably vote on the report on "Transparency, integrity and accountability in the EU institutions". The report includes important proposals on how to make decision-making in Brussels more transparent and ethical."
Gonzalo San Gil, PhD.

"Media: when oligarchs go shopping" - RSF's latest report | RSF - 0 views

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    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
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    "It was in Russia that the word "oligarchs" was first used to denote very rich businessmen. Reporters Without Borders (RSF) has adopted the term to refer to billionaires who create or take over media empires to serve their business or political interests. There is a worldwide trend towards increasingly concentrated ownership of conglomerates that combine media outlets (TV channels, radio stations, newspapers and news websites) with banks, telecoms, property firms and construction companies. All this suits the rulers of countries such as China that espoused capitalism in order to better suppress democracy. "
Gonzalo San Gil, PhD.

Freedom on the Net 2013 | Freedom House - 0 views

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    "Freedom on the Net 2013 is the fourth report in a series of comprehensive studies of internet freedom around the globe and covers developments in 60 countries that occurred between May 2012 and April 2013. Over 60 researchers, nearly all based in the countries they analyzed, contributed to the project by researching laws and practices relevant to the digital media, testing the accessibility of select websites, and interviewing a wide range of sources, among other research activities. This edition's findings indicate that internet freedom worldwide is in decline, with 34 out of 60 countries assessed in the report experiencing a negative trajectory during the coverage period. Broad surveillance, new laws controlling web content, and growing arrests of social-media users drove this overall decline in internet freedom in the past year. Nonetheless, Freedom on the Net 2013 also found that activists are becoming more effective at raising awareness of emerging threats and, in several cases, have helped forestall new repressive measures."
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