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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.

As explained earlier in this report, Vodafone’s global business consists largely of a group of separate subsidiary companies, each of which operates under the terms of a licence or other authorisation issued by the government of the country in which the subsidiary is located, and each of which is subject to the domestic laws of that country. In this section of the report, we provide a country-by-country insight into the nature of the local legal regime governing law enforcement assistance, together with an indication of the volume of each country’s agency and authority demands wherever that information is available and publication is not prohibited. In addition, a summary of some of the most relevant legal powers in each of our countries of operation can be found in our legal Annexe (pdf, 1.76 MB).

Talks on the TPP, which would create a massive free trade zone encompassing some 40 percent of global output, have long been stalled due partly to bickering between Japan and the United States -- the biggest economies in the TPP framework -- over removal of barriers for agricultural and automotive trade. The biggest sticking point has been Tokyo's proposed exceptions to tariff cuts on its five sensitive farm product categories -- rice, wheat, beef and pork, dairy products and sugar -- and safeguard measures it wants to introduce should imports of the products surge under the TPP, which aims for zero tariffs in principle. It is uncertain how much closer the two sides can move given that their recent working-level talks saw little progress, negotiation sources said.

A summit meeting of the Asia-Pacific Economic Cooperation forum scheduled for November in Beijing that Obama and leaders from other TPP countries are slated to join is seen as an occasion for concluding the TPP talks, which have entered their fifth year. But the odds on an agreement depend on whether Japan and the United States can bridge their gaps before that.

Hiroshi Oe, Japan's deputy chief TPP negotiator, has admitted that talks with his counterpart Wendy Cutler, Froman's top deputy, earlier this month in Tokyo made very little progress. One negotiation source said the hurdle for solving the outstanding bilateral problems is "extremely high," suggesting it is still premature to bring the talks to the ministerial level. Amari himself had been reluctant to hold a one-on-one meeting with Froman with the working-level negotiations failing to see enough progress. But he apparently decided to ramp up efforts in response to strong calls from Washington for arranging a meeting with Froman, who has said the two sides are "now at a critical juncture in this negotiation."

A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."

While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.

While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)

Security experts call it a “drive-by download”: a hacker infiltrates a high-traffic website and then subverts it to deliver malware to every single visitor. It’s one of the most powerful tools in the black hat arsenal, capable of delivering thousands of fresh victims into a hackers’ clutches within minutes. Now the technique is being adopted by a different kind of a hacker—the kind with a badge. For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system. The approach has borne fruit—over a dozen alleged users of Tor-based child porn sites are now headed for trial as a result. But it’s also engendering controversy, with charges that the Justice Department has glossed over the bulk-hacking technique when describing it to judges, while concealing its use from defendants. Critics also worry about mission creep, the weakening of a technology relied on by human rights workers and activists, and the potential for innocent parties to wind up infected with government malware because they visited the wrong website. “This is such a big leap, there should have been congressional hearings about this,” says ACLU technologist Chris Soghoian, an expert on law enforcement’s use of hacking tools. “If Congress decides this is a technique that’s perfectly appropriate, maybe that’s OK. But let’s have an informed debate about it.”

The FBI’s use of malware is not new. The bureau calls the method an NIT, for “network investigative technique,” and the FBI has been using it since at least 2002 in cases ranging from computer hacking to bomb threats, child porn to extortion. Depending on the deployment, an NIT can be a bulky full-featured backdoor program that gives the government access to your files, location, web history and webcam for a month at a time, or a slim, fleeting wisp of code that sends the FBI your computer’s name and address, and then evaporates. What’s changed is the way the FBI uses its malware capability, deploying it as a driftnet instead of a fishing line. And the shift is a direct response to Tor, the powerful anonymity system endorsed by Edward Snowden and the State Department alike.

European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”

“If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.

According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.

Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:

Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:

That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.

China’s new draft anti-terror legislation has sent waves across the U.S. tech community. If there is a brewing tech war between U.S. and China over government surveillance backdoors and a preference for indigenous software, China’s new draft terror law makes it clear that Beijing is happy to give the United States a taste of its own medicine. The law has already drawn considerable criticism from international human rights groups, including Amnesty International and Human Rights Watch for its purported attempts to legitimize wanton human rights violations in the name of counter-terrorism. Additionally, China has opted to implement its own definition of terrorism, placing  “any thought, speech, or activity that, by means of violence, sabotage, or threat, aims to generate social panic, influence national policy-making, create ethnic hatred, subvert state power, or split the state” under the umbrella of the overused T-word. The problematic human rights issues aside, the draft anti-terror law will have important implications for foreign tech firms within China. According to Reuters’ reporting on the draft anti-terror law, counter-terrorism precautions by the Chinese government would essentially require foreign firms to “hand over encryption keys and install security ‘backdoors’” into their software. Additionally, these firms would have to store critical data — certainly data on Chinese citizens and residents — on Chinese soil. The onerous implications of this law could have lead to an immediate freeze to the activities of several Western tech companies in China, the world’s second largest economy and a booming emerging market for new technologies.

On the surface, the most troublesome implication of this law is that in order to comply with this law, Western firms, including non-technical ventures such as financial institutions and manufacturers, will be forced to give up a great deal of security. In essence, corporate secrets, financial data — all critical data — would be insecure and available for access by Chinese regulators. The new law would also prohibit the use of secure virtual private networks (VPNs) to get around these requirements.

The U.S. diplomatic response to Beijing’s new draft law is perhaps best captured in the fact that a whopping four cabinet members in the Obama administration, including Secretary of State John Kerry and U.S. Trade Representative Michael Froman, wrote the Chinese government expressing “serious concern.” China, for its part, seemed unfazed by U.S. concerns. Foreign Ministry spokesperson Hua Chunying told the press that she hoped the United States would view the new anti-terror precautions in “in a calm and objective way.” Indeed, following Edward Snowden’s revelations regarding the extent of the United States’ surveillance of private firms both within and outside the United States, Beijing likely views U.S. concerns as hypocritical. One U.S. industry source told Reuters that the new law was ”the equivalent of the Patriot Act on really, really strong steroids.”

Internet service providers from around the world are lodging formal complaints against the UK government's monitoring service, GCHQ, alleging that it uses "malicious software" to break into their networks.The claims from seven organisations based in six countries – the UK, Netherlands, US, South Korea, Germany and Zimbabwe – will add to international pressure on the British government following Edward Snowden's revelations about mass surveillance of the internet by UK and US intelligence agencies.The claims are being filed with the investigatory powers tribunal (IPT), the court in London that assesses complaints about the agencies' activities and misuse of surveillance by government organisations. Most of its hearings are held at least partially in secret.

The IPT is already considering a number of related submissions. Later this month it will investigate complaints by human rights groups about the way social media sites have been targeted by GCHQ.The government has defended the security services, pointing out that online searches are often routed overseas and those deemed "external communications" can be monitored without the need for an individual warrant. Critics say that such a legal interpretation sidesteps the need for traditional intercept safeguards.The latest claim is against both GCHQ, located near Cheltenham, and the Foreign Office. It is based on articles published earlier this year in the German magazine Der Spiegel. That report alleged that GCHQ had carried out an attack, codenamed Operation Socialist, on the Belgian telecoms group, Belgacom, targeting individual employees with "malware (malicious software)".One of the techniques was a "man in the middle" attack, which, according to the documents filed at the IPT, bypasses modern encryption software and "operates by interposing the attacker [GCHQ] between two computers that believe that they are securely communicating with each other. In fact, each is communicating with GCHQ, who collect the communications, as well as relaying them in the hope that the interference will be undetected."The complaint alleges that the attacks were a breach of the Computer Misuse Act 1990 and an interference with the privacy rights of the employees under the European convention of human rights.

The organisations targeted, the submission states, were all "responsible and professional internet service providers". The claimants are: GreenNet Ltd, based in the UK, Riseup Networks in Seattle, Mango Email Service in Zimbabwe, Jinbonet in South Korea, Greenhost in the Netherlands, May First/People Link in New York and the Chaos Computer Club in Hamburg.

(AP) -- Federal regulators are urging consumers to go through their phone bills line by line after they accused T-Mobile US of wrongly charging customers for premium services, like horoscope texts and quirky ringtones, the customers never authorized. The Federal Trade Commission announced Tuesday that it is suing T-Mobile in a federal court in Seattle with the goal of making sure every unfairly charged customer sees a full refund. The lawsuit, the first of its kind against a mobile provider, is the result of months of stalled negotiations with T-Mobile, which says it is already offering refunds. "It's wrong for a company like T-Mobile to profit from scams against its customers when there were clear warning signs the charges it was imposing were fraudulent," FTC Chair Edith Ramirez in a statement.

The practice is called "cramming": A third party stuffs a customer's bill with bogus charges such as $10-per-month horoscopes or updates on celebrity gossip. In this case, the FTC said, T-Mobile was working with third-party vendors being investigated by regulators and known to be the subject of numerous customer complaints. T-Mobile then made it difficult for customers to notice the added charge to their bill and pocketed up to 40 percent of the total, according to the FTC.

The FTC told reporters in a conference call Tuesday that it had been in negotiations with T-Mobile for months in an attempt to guarantee refunds would be provided to customers but that the two sides couldn't reach an agreement. T-Mobile appears to have been laying the groundwork to head off the federal complaint. Last November, the company announced that it would no longer allow premium text services because they were waning in popularity and not all vendors had acted responsibly. In June, it announced it would reach out to consumers to provide refunds. But the FTC says that in many cases, the refunds are only partial and T-Mobile often refers customer complaints to the third-party vendors.

Edward Snowden has revealed that he witnessed “numerous instances” of National Security Agency (NSA) employees passing around nude photos that were intercepted “in the course of their daily work.” In a 17-minute interview with The Guardian filmed at a Moscow hotel and published on Thursday, the NSA whistleblower addressed numerous points, noting that he could “live with” being sent to the US prison facility at Guantanamo Bay, Cuba. He also again dismissed any notion that he was a Russian spy or agent—calling those allegations “bullshit.” If Snowden’s allegations of sexual photo distribution are true, they would be consistent with what the NSA has already reported. In September 2013, in a letter from the NSA’s Inspector General Dr. George Ellard to Sen. Chuck Grassley (R-IA), the agency outlined a handful of instances during which NSA agents admitted that they had spied on their former love interests. This even spawned a nickname within the agency, LOVEINT—a riff on HUMINT (human intelligence) or SIGINT (signals intelligence).

“You've got young enlisted guys, 18 to 22 years old,” Snowden said. “They've suddenly been thrust into a position of extraordinary responsibility where they now have access to all of your private records. In the course of their daily work they stumble across something that is completely unrelated to their work in any sort of necessary sense. For example, an intimate nude photo of someone in a sexually compromising position. But they're extremely attractive. “So what do they do? They turn around in their chair and show their co-worker. The co-worker says: ‘Hey that's great. Send that to Bill down the way.’ And then Bill sends it to George and George sends it to Tom. And sooner or later this person's whole life has been seen by all of these other people. It's never reported. Nobody ever knows about it because the auditing of these systems is incredibly weak. The fact that your private images, records of your private lives, records of your intimate moments have been taken from your private communications stream from the intended recipient and given to the government without any specific authorization without any specific need is itself a violation of your rights. Why is that in a government database?” Then Alan Rusbridger, The Guardian’s editor-in-chief, asked: “You saw instances of that happening?” “Yeah,” Snowden responded. “Numerous?” “It's routine enough, depending on the company that you keep, it could be more or less frequent. These are seen as the fringe benefits of surveillance positions."

In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.

The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.

Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.

When the Senate Intelligence Committee passed the Cybersecurity Information Sharing Act by a vote of 14 to 1, committee chairman Senator Richard Burr argued that it successfully balanced security and privacy. Fifteen new amendments to the bill, he said, were designed to protect internet users’ personal information while enabling new ways for companies and federal agencies to coordinate responses to cyberattacks. But critics within the security and privacy communities still have two fundamental problems with the legislation: First, they say, the proposed cybersecurity act won’t actually boost security. And second, the “information sharing” it describes sounds more than ever like a backchannel for surveillance.

On Tuesday the bill’s authors released the full, updated text of the CISA legislation passed last week, and critics say the changes have done little to assuage their fears about wanton sharing of Americans’ private data. In fact, legal analysts say the changes actually widen the backdoor leading from private firms to intelligence agencies. “It’s a complete failure to strengthen the privacy protections of the bill,” says Robyn Greene, a policy lawyer for the Open Technology Institute, which joined a coalition of dozens of non-profits and cybersecurity experts criticizing the bill in an open letter earlier this month. “None of the [privacy-related] points we raised in our coalition letter to the committee was effectively addressed.” The central concern of that letter was how the same data sharing meant to bolster cybersecurity for companies and the government opens massive surveillance loopholes. The bill, as worded, lets a private company share with the Department of Homeland Security any information construed as a cybersecurity threat “notwithstanding any other provision of law.” That means CISA trumps privacy laws like the Electronic Communication Privacy Act of 1986 and the Privacy Act of 1974, which restrict eavesdropping and sharing of users’ communications. And once the DHS obtains the information, it would automatically be shared with the NSA, the Department of Defense (including Cyber Command), and the Office of the Director of National Intelligence.

In a statement posted to his website yesterday, Senator Burr wrote that “Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes.” But in fact, the bill’s data sharing isn’t limited to cybersecurity “threat indicators”—warnings of incoming hacker attacks, which is the central data CISA is meant to disseminate among companies and three-letter agencies. OTI’s Greene says it also gives companies a mandate to share with the government any data related to imminent terrorist attacks, weapons of mass destruction, or even other information related to violent crimes like robbery and carjacking.