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Gonzalo San Gil, PhD.

Rightscorp's DMCA Subpoena Effort Crashes and Burns - TorrentFreak - 1 views

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    " Andy on August 19, 2015 C: 15 Breaking Rightscorp's efforts to unmask file-sharers using the DMCA has crashed and burned. After a federal judge ruled in favor of ISP Birch Communications and quashed the anti-piracy firm's subpoena, Rightscorp appealed the decision. Now the company has backed down, handing the ISP and privacy a big win."
Gonzalo San Gil, PhD.

Google Slams MPAA Censorship Efforts After Court 'Victory' | TorrentFreak - 1 views

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    Google has claimed its first victory against Mississippi State Attorney General Jim Hood, who called for SOPA-like Internet filters in the U.S. After the court put Hood's subpoena on hold, Google called out the MPAA who they see as the main instigator behind the censorship efforts.
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    Google has claimed its first victory against Mississippi State Attorney General Jim Hood, who called for SOPA-like Internet filters in the U.S. After the court put Hood's subpoena on hold, Google called out the MPAA who they see as the main instigator behind the censorship efforts.
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    Google has claimed its first victory against Mississippi State Attorney General Jim Hood, who called for SOPA-like Internet filters in the U.S. After the court put Hood's subpoena on hold, Google called out the MPAA who they see as the main instigator behind the censorship efforts.
Gonzalo San Gil, PhD.

FBI's Tor Hack Shows the Risk of Subpoenas to Security Researchers | WIRED - 0 views

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    "Computer security researchers who expose hackable vulnerabilities in digital products face plenty of occupational hazards: They can have their work censored by threats of lawsuits from the companies whose products they hack, or they can even be criminally indicted if their white-hat hacking runs afoul of the Computer Fraud and Abuse Act. But one still-mysterious encounter between security researchers and the law points to a newer, equally troubling possibility: They can have their work subpoenaed in a criminal investigation and used as a law enforcement tool."
Gonzalo San Gil, PhD.

Small ISP stands up to Rightscorp's "piracy fishing expedition" and wins | Ars Technica - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! The Beginning of The ISPs #Upheaval... # ! What Media/Entertainment Industry will do # (as '#They' refuse to enter in the Digital Age...)?
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    A Rightscorp DMCA subpoena, asking for 71 subscriber identities, is thrown out. by Joe Mullin - May 11, 2015 8:20 pm UTC
Gonzalo San Gil, PhD.

Hollywood v. Goliath: Inside the aggressive studio effort to bring Google to heel | Ars... - 1 views

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    "Tensions between Google and Mississippi Attorney General Jim Hood exploded into public view this week, as Google filed court papers seeking to halt a broad subpoena Hood sent to the company."
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    "Tensions between Google and Mississippi Attorney General Jim Hood exploded into public view this week, as Google filed court papers seeking to halt a broad subpoena Hood sent to the company."
Gonzalo San Gil, PhD.

ISP Doesn't Have to Expose Pirating Subscribers, Judge Rules | TorrentFreak - 0 views

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    " Ernesto on February 4, 2015 C: 0 Breaking A federal court in Georgia has quashed a broad DMCA subpoena which required local Internet provider CBeyond to reveal the identities of alleged BitTorrent pirates. The magistrate judge ruled that ISPs don't have to hand over personal information as they are not storing any infringing material themselves."
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    " Ernesto on February 4, 2015 C: 0 Breaking A federal court in Georgia has quashed a broad DMCA subpoena which required local Internet provider CBeyond to reveal the identities of alleged BitTorrent pirates. The magistrate judge ruled that ISPs don't have to hand over personal information as they are not storing any infringing material themselves."
Gonzalo San Gil, PhD.

Judge: IP-Address Doesn't Identify a Movie Pirate | TorrentFreak - 1 views

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    "In a prominent ruling Florida District Court Judge Ursula Ungaro refused to issue a subpoena, arguing that IP-address evidence is not enough to show who has downloaded a pirated movie."
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    "In a prominent ruling Florida District Court Judge Ursula Ungaro refused to issue a subpoena, arguing that IP-address evidence is not enough to show who has downloaded a pirated movie."
Paul Merrell

California's Attorney General joins the long list of people who have had it with Facebo... - 0 views

  • California’s attorney general has gone to court to force Facebook to hand over documents as part of an investigation into the company. Xavier Becerra filed a “petition to enforce investigative subpoena” with the Superior Court of California in San Francisco on Wednesday morning, arguing that Facebook’s response to his subpoenas has been “patently inadequate.” Citing a “lack of cooperation” not just with his office but also the Federal Trade Commission (FTC), Xavier Becerra points out [PDF] that it took Facebook a year to respond to his initial inquiry to produce documents relating to the Cambridge Analytica scandal, where Facebook allowed a third party to access vast amounts of personal information through its systems.
  • Not only that but Facebook flat out refused to “search communications involving senior executives,” meaning that it refused to search for relevant information in the emails and other communications of CEO Mark Zuckerberg and COO Sheryl Sandberg, among others. “Facebook is not just continuing to drag its feet, it is failing to comply with lawfully issued subpoenas and interrogatories,” the filing states.
  • The filing comes the same day that 7,000 pages of internal Facebook files were published online. Those documents were obtained and leaked amid a lawsuit between Facebook and a third-party app developer and were labelled as “highly confidential” by the antisocial network. The main upshot of those files is that they show Facebook used the data it gathered on millions of its users as a business weapon: it provided people's profile information to companies that, for instance, agreed to spend hundreds of thousands of dollars on adverts within Facebook, and it cut off developers that posed a competitive threat to its ever-growing stable of companies and services (or developers that wouldn't pay up, or were just too sketchy for the internet giant.) This confirms earlier reporting. CEO Zuckerberg also continues to avoid visiting London, or anywhere in the UK, out of fear he will be arrested for repeatedly failing to comply with a request by Parliament to answer questions about Facebook’s actions, as revealed in the tranche of documents.
Gonzalo San Gil, PhD.

Company Uses DMCA to Censor and Expose Critical Blogger - TorrentFreak - 0 views

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    " By Ernesto on June 17, 2016 C: 25 News Marketing and sales company Smart Circle is using the DMCA to uncover the identity of a critical blogger. The company obtained a subpoena directed at WordPress, stating that the blogger in question violates their copyrights by publishing modified images of its key employees."
Paul Merrell

Google Chrome Listening In To Your Room Shows The Importance Of Privacy Defense In Depth - 0 views

  • Yesterday, news broke that Google has been stealth downloading audio listeners onto every computer that runs Chrome, and transmits audio data back to Google. Effectively, this means that Google had taken itself the right to listen to every conversation in every room that runs Chrome somewhere, without any kind of consent from the people eavesdropped on. In official statements, Google shrugged off the practice with what amounts to “we can do that”.It looked like just another bug report. "When I start Chromium, it downloads something." Followed by strange status information that notably included the lines "Microphone: Yes" and "Audio Capture Allowed: Yes".
  • Without consent, Google’s code had downloaded a black box of code that – according to itself – had turned on the microphone and was actively listening to your room.A brief explanation of the Open-source / Free-software philosophy is needed here. When you’re installing a version of GNU/Linux like Debian or Ubuntu onto a fresh computer, thousands of really smart people have analyzed every line of human-readable source code before that operating system was built into computer-executable binary code, to make it common and open knowledge what the machine actually does instead of trusting corporate statements on what it’s supposed to be doing. Therefore, you don’t install black boxes onto a Debian or Ubuntu system; you use software repositories that have gone through this source-code audit-then-build process. Maintainers of operating systems like Debian and Ubuntu use many so-called “upstreams” of source code to build the final product.Chromium, the open-source version of Google Chrome, had abused its position as trusted upstream to insert lines of source code that bypassed this audit-then-build process, and which downloaded and installed a black box of unverifiable executable code directly onto computers, essentially rendering them compromised. We don’t know and can’t know what this black box does. But we see reports that the microphone has been activated, and that Chromium considers audio capture permitted.
  • This was supposedly to enable the “Ok, Google” behavior – that when you say certain words, a search function is activated. Certainly a useful feature. Certainly something that enables eavesdropping of every conversation in the entire room, too.Obviously, your own computer isn’t the one to analyze the actual search command. Google’s servers do. Which means that your computer had been stealth configured to send what was being said in your room to somebody else, to a private company in another country, without your consent or knowledge, an audio transmission triggered by… an unknown and unverifiable set of conditions.Google had two responses to this. The first was to introduce a practically-undocumented switch to opt out of this behavior, which is not a fix: the default install will still wiretap your room without your consent, unless you opt out, and more importantly, know that you need to opt out, which is nowhere a reasonable requirement. But the second was more of an official statement following technical discussions on Hacker News and other places. That official statement amounted to three parts (paraphrased, of course):
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  • 1) Yes, we’re downloading and installing a wiretapping black-box to your computer. But we’re not actually activating it. We did take advantage of our position as trusted upstream to stealth-insert code into open-source software that installed this black box onto millions of computers, but we would never abuse the same trust in the same way to insert code that activates the eavesdropping-blackbox we already downloaded and installed onto your computer without your consent or knowledge. You can look at the code as it looks right now to see that the code doesn’t do this right now.2) Yes, Chromium is bypassing the entire source code auditing process by downloading a pre-built black box onto people’s computers. But that’s not something we care about, really. We’re concerned with building Google Chrome, the product from Google. As part of that, we provide the source code for others to package if they like. Anybody who uses our code for their own purpose takes responsibility for it. When this happens in a Debian installation, it is not Google Chrome’s behavior, this is Debian Chromium’s behavior. It’s Debian’s responsibility entirely.3) Yes, we deliberately hid this listening module from the users, but that’s because we consider this behavior to be part of the basic Google Chrome experience. We don’t want to show all modules that we install ourselves.
  • If you think this is an excusable and responsible statement, raise your hand now.Now, it should be noted that this was Chromium, the open-source version of Chrome. If somebody downloads the Google product Google Chrome, as in the prepackaged binary, you don’t even get a theoretical choice. You’re already downloading a black box from a vendor. In Google Chrome, this is all included from the start.This episode highlights the need for hard, not soft, switches to all devices – webcams, microphones – that can be used for surveillance. A software on/off switch for a webcam is no longer enough, a hard shield in front of the lens is required. A software on/off switch for a microphone is no longer enough, a physical switch that breaks its electrical connection is required. That’s how you defend against this in depth.
  • Of course, people were quick to downplay the alarm. “It only listens when you say ‘Ok, Google’.” (Ok, so how does it know to start listening just before I’m about to say ‘Ok, Google?’) “It’s no big deal.” (A company stealth installs an audio listener that listens to every room in the world it can, and transmits audio data to the mothership when it encounters an unknown, possibly individually tailored, list of keywords – and it’s no big deal!?) “You can opt out. It’s in the Terms of Service.” (No. Just no. This is not something that is the slightest amount of permissible just because it’s hidden in legalese.) “It’s opt-in. It won’t really listen unless you check that box.” (Perhaps. We don’t know, Google just downloaded a black box onto my computer. And it may not be the same black box as was downloaded onto yours. )Early last decade, privacy activists practically yelled and screamed that the NSA’s taps of various points of the Internet and telecom networks had the technical potential for enormous abuse against privacy. Everybody else dismissed those points as basically tinfoilhattery – until the Snowden files came out, and it was revealed that precisely everybody involved had abused their technical capability for invasion of privacy as far as was possible.Perhaps it would be wise to not repeat that exact mistake. Nobody, and I really mean nobody, is to be trusted with a technical capability to listen to every room in the world, with listening profiles customizable at the identified-individual level, on the mere basis of “trust us”.
  • Privacy remains your own responsibility.
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    And of course, Google would never succumb to a subpoena requiring it to turn over the audio stream to the NSA. The Tor Browser just keeps looking better and better. https://www.torproject.org/projects/torbrowser.html.en
Gonzalo San Gil, PhD.

U.S. Internet Provider Refuses to Expose Alleged Pirates | TorrentFreak - 1 views

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    " Ernesto on September 9, 2014 C: 16 Breaking Rightscorp, a prominent piracy monitoring firm that works with Warner Bros. and other copyright holders, wants Grande Communications to reveal the identities alleged pirates linked to 30,000 IP-addresses/timestamp combinations. Unlike other providers the Texas ISP refused to give in easily, instead deciding to fight the request in court." [ ...DMCA subpoenas are not allowed in file-sharing cases...]
Gonzalo San Gil, PhD.

Judge: Mississippi investigation of Google likely violates 1st Amendment | Ars Technica - 0 views

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    " ...Hood's investigation became closely scrutinized last year after press reports revealed that it was encouraged, and partly funded, by the Motion Picture Association of America. MPAA lawyers wrote drafts of subpoenas intended to be used by the AGs."
Gonzalo San Gil, PhD.

Judge: Vague IP-Address Evidence is Not Enough to Expose BitTorrent 'Pirates' - Torrent... - 1 views

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    " By Ernesto on October 4, 2016 C: 47 News A California federal court has thrown up a roadblock for filmmakers who want to obtain the personal details of an alleged BitTorrent pirate. The judge refused to issue a subpoena, twice, because it's not clear if the rightsholder obtained the geolocation details at the time of the infringement or after the fact."
Paul Merrell

DOJ Inspector General Complains About FBI Foot-dragging | Just Security - 0 views

  • Late last week, the Inspector General (IG) for the Justice Department sent a letter to Congress complaining of the FBI’s refusal to set a timeline for turning over documents related to an IG investigation of the Drug Enforcement Agency’s use of subpoenas to gain access to and use certain bulk data collections. The IG has been seeking documents related to its investigation since Nov. 20, 2014. While the FBI has provided some of the requested information to the IG, negotiations over other documents led to a production deadline of Feb. 13, 2015. When the FBI communicated it would miss that deadline, it would not commit to a new deadline, triggering the IG’s letter to Congress. Interestingly, the IG also challenged the FBI’s interpretation of what information can be withheld during IG investigations. As the IG pointed out, allowing “access to records of the [DOJ] only when granted permission by the Department’s leadership is inconsistent” with the IG Act, the Appropriations Act, and general IG independence. The full letter is below.
Paul Merrell

Weakened surveillance reform bill is 'yesterday's news', civil libertarians say | World... - 0 views

  • When the premiere surveillance reform bill of 2014 is reintroduced in the current Congress, it can count on antipathy and even opposition from many of the civil libertarian activists who pushed it to the brink of passage last year. The USA Freedom Act, a bill that aims to stop the National Security Agency (NSA) from its daily collection of US phone records in bulk, is set for a 2015 revamp after failing in the Senate last November. Supporters pledge to unveil it late this week or early next week.
  • This time, as reported by the Guardian, the bill is shaping up to be the preferred piece of legislation to extend the lifespan of a controversial part of the Patriot Act, known as Section 215. The NSA uses Section 215 to justify its domestic mass surveillance. The FBI considers it critical for terrorism and espionage investigations outside typical warrant or subpoena channels. Section 215 expires on 1 June. The bill’s architects consider the USA Freedom Act the strongest piece of legislation to roll back the domestic reach of US surveillance that Congress will pass. But a new coalition of civil libertarian groups on the left and the right is already looking past the bill, in the hopes of broadening what is possible – something they consider realistic, thanks to the intelligence community’s fervent desire to avoid the expiration of Section 215.
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    I'm pushing for no legislation. Let section 215 sunset in peace.
Paul Merrell

It's A-OK for FBI agents to silence web giants, says appeals court * The Register - 1 views

  • Gagging orders in the FBI's National Security Letters are all above board and constitutional, a California court has ruled. These security letters are typically sent to internet giants demanding information on whoever is behind a username or email address. Crucially, these requests include clauses that prevent the organizations from warning specific subscribers that they are under surveillance by the Feds. Cloudflare and Credo Mobile aren't happy with that, and – with the help of rights warriors at the EFF – challenged the gagging orders. Despite earlier successes in their legal battle, the 9th US Circuit Court of Appeals ruled [PDF] on Monday that the gagging orders do not trample on First Amendment rights.
  • The FBI dishes out thousands of National Security Letters (NSLs) every year; they can simply be issued by a special agent in charge in a bureau field office, and don’t require judicial review. They allow the Feds to obtain the name, address, and records of any services used – but not the contents of conversations – plus billing records of a person, and forbid the hosting company from telling the subject, meaning those under investigation can’t challenge the decision. It used to be the case that companies couldn’t even mention the existence of the NSL system for fear of prosecution. However, in 2013 a US district court in San Francisco ruled that such extreme gagging violated the First Amendment. That decision came after Google, and later others, started publishing the number of NSL orders that had been received, in defiance of the law. In 2015 the Obama administration amended the law to allow companies limited rights to disclose NSL orders, and to set a three-year limit for the gagging order. It also set up a framework for companies to challenge the legitimacy of NSL subpoenas, and it was these changes that caused the appeals court verdict in favor of the government.
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