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Gonzalo San Gil, PhD.

Time to #Fixcopyright and Free the Panorama Across EU - infojustice - 0 views

infojustice.org/36134

#Fixcopyright free panorama EU Europe copyright fix

shared by Gonzalo San Gil, PhD. on 10 Jun 16 - No Cached
  • Gonzalo San Gil, PhD. on 10 Jun 16
     
    "[Anna Mazgal, Communia Association, Link (CC-0)] Freedom of panorama is a fundamental element of European cultural heritage and visual history. Rooted in freedom of expression, it allows painters, photographers, filmmakers, journalists and tourists alike to document public spaces, create masterpieces of art and memories of beautiful places, and freely share it with others. Within the Best Case Scenarios for Copyright series we present Portugal as the best example for freedom of panorama. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright - Freedom of Panorama in Portugal legal study. EU, it's time to #fixcopyright!"
Paul Merrell

He Was a Hacker for the NSA and He Was Willing to Talk. I Was Willing to Listen. - 2 views

theintercept.com/...o-talk-i-was-willing-to-listen

surveillance state NSA-hacker-interview

shared by Paul Merrell on 03 Jul 16 - No Cached
  • he message arrived at night and consisted of three words: “Good evening sir!” The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine. Good evening sir!
  • The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine.
  • I got lucky with the hacker, because he recently left the agency for the cybersecurity industry; it would be his choice to talk, not the NSA’s. Fortunately, speaking out is his second nature.
  • ...7 more annotations...
  • He agreed to a video chat that turned into a three-hour discussion sprawling from the ethics of surveillance to the downsides of home improvements and the difficulty of securing your laptop.
  • In recent years, two developments have helped make hacking for the government a lot more attractive than hacking for yourself. First, the Department of Justice has cracked down on freelance hacking, whether it be altruistic or malignant. If the DOJ doesn’t like the way you hack, you are going to jail. Meanwhile, hackers have been warmly invited to deploy their transgressive impulses in service to the homeland, because the NSA and other federal agencies have turned themselves into licensed hives of breaking into other people’s computers. For many, it’s a techno sandbox of irresistible delights, according to Gabriella Coleman, a professor at McGill University who studies hackers. “The NSA is a very exciting place for hackers because you have unlimited resources, you have some of the best talent in the world, whether it’s cryptographers or mathematicians or hackers,” she said. “It is just too intellectually exciting not to go there.”
  • The Lamb’s memos on cool ways to hunt sysadmins triggered a strong reaction when I wrote about them in 2014 with my colleague Ryan Gallagher. The memos explained how the NSA tracks down the email and Facebook accounts of systems administrators who oversee computer networks. After plundering their accounts, the NSA can impersonate the admins to get into their computer networks and pilfer the data flowing through them. As the Lamb wrote, “sys admins generally are not my end target. My end target is the extremist/terrorist or government official that happens to be using the network … who better to target than the person that already has the ‘keys to the kingdom’?” Another of his NSA memos, “Network Shaping 101,” used Yemen as a theoretical case study for secretly redirecting the entirety of a country’s internet traffic to NSA servers.
  • “If I turn the tables on you,” I asked the Lamb, “and say, OK, you’re a target for all kinds of people for all kinds of reasons. How do you feel about being a target and that kind of justification being used to justify getting all of your credentials and the keys to your kingdom?” The Lamb smiled. “There is no real safe, sacred ground on the internet,” he replied. “Whatever you do on the internet is an attack surface of some sort and is just something that you live with. Any time that I do something on the internet, yeah, that is on the back of my mind. Anyone from a script kiddie to some random hacker to some other foreign intelligence service, each with their different capabilities — what could they be doing to me?”
  • “You know, the situation is what it is,” he said. “There are protocols that were designed years ago before anybody had any care about security, because when they were developed, nobody was foreseeing that they would be taken advantage of. … A lot of people on the internet seem to approach the problem [with the attitude of] ‘I’m just going to walk naked outside of my house and hope that nobody looks at me.’ From a security perspective, is that a good way to go about thinking? No, horrible … There are good ways to be more secure on the internet. But do most people use Tor? No. Do most people use Signal? No. Do most people use insecure things that most people can hack? Yes. Is that a bash against the intelligence community that people use stuff that’s easily exploitable? That’s a hard argument for me to make.”
  • I mentioned that lots of people, including Snowden, are now working on the problem of how to make the internet more secure, yet he seemed to do the opposite at the NSA by trying to find ways to track and identify people who use Tor and other anonymizers. Would he consider working on the other side of things? He wouldn’t rule it out, he said, but dismally suggested the game was over as far as having a liberating and safe internet, because our laptops and smartphones will betray us no matter what we do with them. “There’s the old adage that the only secure computer is one that is turned off, buried in a box ten feet underground, and never turned on,” he said. “From a user perspective, someone trying to find holes by day and then just live on the internet by night, there’s the expectation [that] if somebody wants to have access to your computer bad enough, they’re going to get it. Whether that’s an intelligence agency or a cybercrimes syndicate, whoever that is, it’s probably going to happen.”
  • There are precautions one can take, and I did that with the Lamb. When we had our video chat, I used a computer that had been wiped clean of everything except its operating system and essential applications. Afterward, it was wiped clean again. My concern was that the Lamb might use the session to obtain data from or about the computer I was using; there are a lot of things he might have tried, if he was in a scheming mood. At the end of our three hours together, I mentioned to him that I had taken these precautions—and he approved. “That’s fair,” he said. “I’m glad you have that appreciation. … From a perspective of a journalist who has access to classified information, it would be remiss to think you’re not a target of foreign intelligence services.” He was telling me the U.S. government should be the least of my worries. He was trying to help me. Documents published with this article: Tracking Targets Through Proxies & Anonymizers Network Shaping 101 Shaping Diagram I Hunt Sys Admins (first published in 2014)
Gonzalo San Gil, PhD.

28% of Piracy Takedown Requests Are "Questionable" - TorrentFreak - 0 views

torrentfreak.com/quests-are-questionable-160331

piracy takedown requests questionable berbk

shared by Gonzalo San Gil, PhD. on 31 Mar 16 - No Cached
  • Gonzalo San Gil, PhD. on 31 Mar 16
     
    " Ernesto on March 31, 2016 C: 13 Breaking A new study published by researchers from Columbia University's American Assembly and Berkeley reveals that more than 28% of the takedown requests received by Google are "questionable." Nearly five percent of the takedown notices that were reviewed did not target the supposed infringing content, while another 24 percent raised other concerns, including fair use. "
Gonzalo San Gil, PhD.

SOPA's ugly message to the world about America and internet Innovation - Ideas@Innovati... - 0 views

www.washingtonpost.com/...gIQATlhEYN_blog.html

SOPA international censorship Internet innovation ideas stifle

shared by Gonzalo San Gil, PhD. on 21 Nov 11 - No Cached
  • Gonzalo San Gil, PhD. on 21 Nov 11
     
    [This new legislation, if enacted, would strike at the very core of the way the Internet has been structured. Sharing, openness, and participation are at the core of what the Internet represents. When it comes to a choice between an open Internet and an Internet of walled gardens patrolled by government censors, there is no doubt which is preferable. As Booz & Co. pointed out in a recent study, the SOPA legislation could lead to a decline in Internet innovation.]
Gonzalo San Gil, PhD.

Most Europeans Download and Stream Pirated Movies | TorrentFreak - 0 views

torrentfreak.com/d-stream-pirated-movies-140214

european commission download stream movies most europeans culture defend Defend Citizens' Rights

shared by Gonzalo San Gil, PhD. on 14 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 14 Feb 14
     
    " Ernesto on February 14, 2014 C: 19 Breaking Nearly 70% of all Europeans download or stream films for free, a new study from the European Commission reveals. The high costs of legal alternatives such as movie tickets and DVDs are the main justification, with release lags and limited availability also among the top reasons."
Gonzalo San Gil, PhD.

The Survey Bay, a searchable database covering the Pirate Bay community - 1 views

cybernormer.se/ering-the-pirate-bay-community

The Research Bay The Pirate Bay research file-sharing topics

shared by Gonzalo San Gil, PhD. on 26 Feb 14 - No Cached
  • Gonzalo San Gil, PhD. on 26 Feb 14
     
    "In 2011 we at the Cybernorms Research Group decided to try an interesting way to deeper understand the file-sharing community. In cooperation with The Pirate Bay we did a study called "The Research Bay" targeting their user-base. The response was huge; 75.000 respondents and over 25000 open answers. "
Gonzalo San Gil, PhD.

Tortilla Open Source Anonymous Traffic Routing Tool for Tor | Threatpost - 0 views

threatpost.com/es-tcp-dns-traffic-through-tor

open source traffic routing tool tor privacy freedom

shared by Gonzalo San Gil, PhD. on 19 Jul 13 - No Cached
  • Gonzalo San Gil, PhD. on 19 Jul 13
     
    "Update: Malware analysts are in a constant cat-and-mouse game with hackers when it comes to studying malicious code behaviors. Researchers handle malware samples gingerly, in a test network away from production machines and away from the Internet. Samples are opened in virtual machines and analysts observe not only malicious payloads, but communication with third-party servers."
Gonzalo San Gil, PhD.

Harnessing Deep Web Intelligence for Law Enforcement - 0 views

www.brightplanet.com/...telligence-for-law-enforcement

deep web intelligence law enforcement Deep Web

shared by Gonzalo San Gil, PhD. on 26 Jul 13 - No Cached
  • Gonzalo San Gil, PhD. on 26 Jul 13
     
    "Published July 25, 2013 The World Wide Web provides law enforcement agencies an incredible opportunity to legally collect information. This information can include content about illegal activities and threats to public safety that are very relevant to law enforcement and other public safety agencies. Our BlueJay service is a Twitter crime scanner for law enforcement, but often agencies want to search additional sources online besides Twitter. In this post we'll talk about: Where these sources can be found How to get the information from these sources A Deep Web intelligence case study from the Detroit Crime Commission"
Gonzalo San Gil, PhD.

The Failure Of Social Media | Six Pixels of Separation - Marketing and Communications B... - 0 views

www.twistimage.com/...the-failure-of-social-media

fail strategy social media failure

shared by Gonzalo San Gil, PhD. on 28 Aug 13 - No Cached
  • Gonzalo San Gil, PhD. on 28 Aug 13
     
    "Social Media doesn't work for the vast majority of small businesses. That was the main message in the USA Today article titled, Study: Social media a bust for small businesses, published on April 17th, 2013. From the news item: "About 61% of small businesses don't see any return on investment on their social-media activities, according to a survey released Tuesday from Manta, a social network for small businesses. Yet, almost 50% say they've increased their time spent on social media, and only 7% have decreased their time. What businesses are trying to get out of social media: 36% said their goal was to acquire and engage new customers, 19% said to gain leads and referrals, and 17% said to boost awareness. Facebook was most cited as the hardest to maintain social-media platform, according to the survey." There is a big lesson in this data..."
Gonzalo San Gil, PhD.

Freedom on the Net 2013 | Freedom House - 0 views

www.freedomhouse.org/...freedom-net-2013

freedom internet net 2013 report awarreness repression censorship activism

shared by Gonzalo San Gil, PhD. on 07 Oct 13 - No Cached
  • Gonzalo San Gil, PhD. on 07 Oct 13
     
    "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."
Paul Merrell

This project aims to make '404 not found' pages a thing of the past - 0 views

www.dailydot.com/...404-no-more-project

HTML mset-attribute link rot

shared by Paul Merrell on 23 Apr 14 - No Cached
  • The Internet is always changing. Sites are rising and falling, content is deleted, and bad URLs can lead to '404 Not Found' errors that are as helpful as a brick wall. A new project proposes an do away with dead 404 errors by implementing new HTML code that will help access prior versions of hyperlinked content. With any luck, that means that you’ll never have to run into a dead link again. The “404-No-More” project is backed by a formidable coalition including members from organizations like the Harvard Library Innovation Lab, Los Alamos National Laboratory, Old Dominion University, and the Berkman Center for Internet & Society. Part of the Knight News Challenge, which seeks to strengthen the Internet for free expression and innovation through a variety of initiatives, 404-No-More recently reached the semifinal stage. The project aims to cure so-called link rot, the process by which hyperlinks become useless overtime because they point to addresses that are no longer available. If implemented, websites such as Wikipedia and other reference documents would be vastly improved. The new feature would also give Web authors a way provide links that contain both archived copies of content and specific dates of reference, the sort of information that diligent readers have to hunt down on a website like Archive.org.
  • While it may sound trivial, link rot can actually have real ramifications. Nearly 50 percent of the hyperlinks in Supreme Court decisions no longer work, a 2013 study revealed. Losing footnotes and citations in landmark legal decisions can mean losing crucial information and context about the laws that govern us. The same study found that 70 percent of URLs within the Harvard Law Review and similar journals didn’t link to the originally cited information, considered a serious loss surrounding the discussion of our laws. The project’s proponents have come up with more potential uses as well. Activists fighting censorship will have an easier time combatting government takedowns, for instance. Journalists will be much more capable of researching dynamic Web pages. “If every hyperlink was annotated with a publication date, you could automatically view an archived version of the content as the author intended for you to see it,” the project’s authors explain. The ephemeral nature of the Web could no longer be used as a weapon. Roger Macdonald, a director at the Internet Archive, called the 404-No-More project “an important contribution to preservation of knowledge.”
  • The new feature would come in the form of introducing the mset attribute to the <a> element in HTML, which would allow users of the code to specify multiple dates and copies of content as an external resource. For instance, if both the date of reference and the location of a copy of targeted content is known by an author, the new code would like like this: The 404-No-More project’s goals are numerous, but the ultimate goal is to have mset become a new HTML standard for hyperlinks. “An HTML standard that incorporates archives for hyperlinks will loop in these efforts and make the Web better for everyone,” project leaders wrote, “activists, journalists, and regular ol’ everyday web users.”
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
  • Gary Edwards on 13 Sep 14
     
    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
  • Paul Merrell on 14 Sep 14
     
    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gonzalo San Gil, PhD.

Video game industry grew 4 times faster than US economy in 2012, study says - CNET - 0 views

www.cnet.com/...-us-economy-in-2012-study-says

game industry grows wt happened with terrible piracy

shared by Gonzalo San Gil, PhD. on 31 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 31 Jul 15
     
    "The games industry continues to boom while other sectors of the economy sputter, according to a new report from the Entertainment Software Association. by Nick Statt @nickstatt November 11, 2014 2:54 PM PST "
  • Gonzalo San Gil, PhD. on 31 Jul 15
     
    "The games industry continues to boom while other sectors of the economy sputter, according to a new report from the Entertainment Software Association. by Nick Statt @nickstatt November 11, 2014 2:54 PM PST "
Gonzalo San Gil, PhD.

Censoring Pirate Sites is Counterproductive, Research Finds - TorrentFreak - 0 views

torrentfreak.com/oductive-research-finds-160708

censor ing pirate sites des not wrk counterproductive

shared by Gonzalo San Gil, PhD. on 09 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 09 Jul 15
     
    " Ernesto on July 8, 2015 C: 60 Breaking A new study has found that blocking access to torrent and linking sites results in the opposite effect. Instead of driving people towards legal websites and services, many of the blocked sites simply move to other domain names where they enjoy a significant and sustained boost in traffic."
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

firstlook.org/...nsa-gchq-targeted-kaspersky

surveillance state NSA GCHQ anti-virus-software

shared by Paul Merrell on 23 Jun 15 - No Cached
  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
  • ...9 more annotations...
  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Paul Merrell

Joint - Dear Colleague Letter: Electronic Book Readers - 0 views

www2.ed.gov/...colleague-20100629.html

ebook readers accessibility law enforcement

shared by Paul Merrell on 01 Jul 10 - Cached
  • U.S. Department of Justice Civil Rights Division U.S. Department of Education Office for Civil Rights
  • Paul Merrell on 01 Jul 10
     
    June 29, 2010 Dear College or University President: We write to express concern on the part of the Department of Justice and the Department of Education that colleges and universities are using electronic book readers that are not accessible to students who are blind or have low vision and to seek your help in ensuring that this emerging technology is used in classroom settings in a manner that is permissible under federal law. A serious problem with some of these devices is that they lack an accessible text-to-speech function. Requiring use of an emerging technology in a classroom environment when the technology is inaccessible to an entire population of individuals with disabilities - individuals with visual disabilities - is discrimination prohibited by the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) unless those individuals are provided accommodations or modifications that permit them to receive all the educational benefits provided by the technology in an equally effective and equally integrated manner. ... The Department of Justice recently entered into settlement agreements with colleges and universities that used the Kindle DX, an inaccessible, electronic book reader, in the classroom as part of a pilot study with Amazon.com, Inc. In summary, the universities agreed not to purchase, require, or recommend use of the Kindle DX, or any other dedicated electronic book reader, unless or until the device is fully accessible to individuals who are blind or have low vision, or the universities provide reasonable accommodation or modification so that a student can acquire the same information, engage in the same interactions, and enjoy the same services as sighted students with substantially equivalent ease of use. The texts of these agreements may be viewed on the Department of Justice's ADA Web site, www.ada.gov. (To find these settlements on www.ada.gov, search for "Kindle.") Consisten
Paul Merrell

Safe Plurality: Can it be done using OOXML's Markup Compatibility and Extensions mechan... - 0 views

broadcast.oreilly.com/...plurality-markup-compatab.html

OOXML compatibility frameworks

shared by Paul Merrell on 14 Feb 09 - Cached
  • During the OOXML standardization proceedings, the ISO particpants felt that there was one particular sub-technology, Markup Compatibility and Extensibility (MCE), that was potentially of such usefulness by other standards, that it was brought out into its own part. It is now IS29500:2009 Part 3: you can download it in its ECMA form here, it only has about 15 pages of substantive text. The particular issue that MCE address is this: what is an application supposed to do when it finds some markup it wasn't programmed to accept? This could be extension elements in some foreign namespace, but it could also be some elements from a known namespace: the case when a document was made against a newer version of the standard than the application.
  • Paul Merrell on 14 Feb 09
     
    Rick Jelliffe posts a frank view of the OOXML compatibility framework, a document I've studied myself in the past. There is much that is laudable about the framework, but there are also aspects that are troublesome. Jelliffe identifies one red flag item, the freedom for a vendor to "proprietize" OOXML using the MustUnderstand attribute and offers some suggestions for lessening that danger through redrafting of the spec. One issue he does not touch, however, is the Microsoft Open Specification Promise covenant not to sue, a deeply flawed document in terms of anyone implementing OOXML other than Microsoft. Still, there is so much prior art for the OOXML compatibility framework that I doubt any patent reading on it would survive judicial review. E.g., a highly similar framework has been implemented in WordPerfect since version 6.0. and the OOXML framework is remarkably similar to the compatibility framework specified by OASIS OpenDocument 1.0 but subsequently gutted at ISO. The Jelliffe article offers a good overview of factors that must be considered in designing a standard's compatibility framework. For those that go on to read the compatibility framework's specification, keep in mind that in several places the document falsely claims that it is an interoperability framework. It is not. It is a framework designed for one-way transfer of data, not interoperability which involves round-trip 2-way of exchange of data without data loss.
Gary Edwards

Bad News for SaaS: The Microsoft Office Barrier Locks in Business Processes | "RE: Why ... - 0 views

www.newmobilecomputing.com/thread

msoffice webkit bound-business-processes saas MS-WebStack-Cloud-RiA

shared by Gary Edwards on 29 Jan 09 - Cached
  • Gary Edwards on 29 Jan 09
     
    I doubt that MSOffice ODF will make a difference. ODF was not designed to be compatible with MSOffice, and conversion from native binary to ODF will result in a serious loss of fidelity and business process markup. If the many ODF pilots are an indication, the real killer is that application specific processing logic will be lost on conversion even if it is Microsoft doing the conversion to ODF. This logic is expressed as scripts, macros, OLE, data binding, media binding, add-on specifics, and security settings. These components are vital to existing business processes. Besides, Microsoft will support ISO 26300, which is not compatible with the many aspects of ODF 1.2 currently implemented by most ODF applications. The most difficult barrier to entry is that of MSOffice bound business processes so vital to workgroups and day-to-day business systems. Maybe the report is right in saying that day-to-day business routines become habit, but not understanding the true nature of these barriers is certain to cloud our way forward. We need to dig deeper, as demonstrated by the many ODF pilot studies.
Gary Edwards

Google Apps no threat to Microsoft? Too Little Too Late - 0 views

talkback.zdnet.com/5208-11470-0.html

ge webkit zdnet MSOffice Google-Docs Google Microsoft

shared by Gary Edwards on 20 Oct 08 - Cached
  • Gary Edwards on 20 Oct 08
     
    The race is on. Google will win the consumer Web. Microsoft will win the business Web. Sadly i don't think there is any way for Google to challenge Microsoft with regard for the privilege of transitioning existing MSOffice bound workgroup- workflow business processes to the Web. Even if Google Docs could match MSOffice feature to feature, cracking into existing MSOffice workgroups is impossibly hard. Anyone who doubts this ought to take a second look at the Massachusetts ODF Pilot Study, or the recently released Belgium Pilot results. Replacing MSOffice in a workgroup setting is simply too disruptive and costly because of the shared business process problem.
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