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Paul Merrell

Theresa May to create new internet that would be controlled and regulated by government... - 1 views

  • Theresa May is planning to introduce huge regulations on the way the internet works, allowing the government to decide what is said online. Particular focus has been drawn to the end of the manifesto, which makes clear that the Tories want to introduce huge changes to the way the internet works. "Some people say that it is not for government to regulate when it comes to technology and the internet," it states. "We disagree." Senior Tories confirmed to BuzzFeed News that the phrasing indicates that the government intends to introduce huge restrictions on what people can post, share and publish online. The plans will allow Britain to become "the global leader in the regulation of the use of personal data and the internet", the manifesto claims. It comes just soon after the Investigatory Powers Act came into law. That legislation allowed the government to force internet companies to keep records on their customers' browsing histories, as well as giving ministers the power to break apps like WhatsApp so that messages can be read. The manifesto makes reference to those increased powers, saying that the government will work even harder to ensure there is no "safe space for terrorists to be able to communicate online". That is apparently a reference in part to its work to encourage technology companies to build backdoors into their encrypted messaging services – which gives the government the ability to read terrorists' messages, but also weakens the security of everyone else's messages, technology companies have warned.
  • The government now appears to be launching a similarly radical change in the way that social networks and internet companies work. While much of the internet is currently controlled by private businesses like Google and Facebook, Theresa May intends to allow government to decide what is and isn't published, the manifesto suggests. The new rules would include laws that make it harder than ever to access pornographic and other websites. The government will be able to place restrictions on seeing adult content and any exceptions would have to be justified to ministers, the manifesto suggests. The manifesto even suggests that the government might stop search engines like Google from directing people to pornographic websites. "We will put a responsibility on industry not to direct users – even unintentionally – to hate speech, pornography, or other sources of harm," the Conservatives write.
  • The laws would also force technology companies to delete anything that a person posted when they were under 18. But perhaps most unusually they would be forced to help controversial government schemes like its Prevent strategy, by promoting counter-extremist narratives. "In harnessing the digital revolution, we must take steps to protect the vulnerable and give people confidence to use the internet without fear of abuse, criminality or exposure to horrific content", the manifesto claims in a section called 'the safest place to be online'. The plans are in keeping with the Tories' commitment that the online world must be regulated as strongly as the offline one, and that the same rules should apply in both. "Our starting point is that online rules should reflect those that govern our lives offline," the Conservatives' manifesto says, explaining this justification for a new level of regulation. "It should be as unacceptable to bully online as it is in the playground, as difficult to groom a young child on the internet as it is in a community, as hard for children to access violent and degrading pornography online as it is in the high street, and as difficult to commit a crime digitally as it is physically."
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  • The manifesto also proposes that internet companies will have to pay a levy, like the one currently paid by gambling firms. Just like with gambling, that money will be used to pay for advertising schemes to tell people about the dangers of the internet, in particular being used to "support awareness and preventative activity to counter internet harms", according to the manifesto. The Conservatives will also seek to regulate the kind of news that is posted online and how companies are paid for it. If elected, Theresa May will "take steps to protect the reliability and objectivity of information that is essential to our democracy" – and crack down on Facebook and Google to ensure that news companies get enough advertising money. If internet companies refuse to comply with the rulings – a suggestion that some have already made about the powers in the Investigatory Powers Act – then there will be a strict and strong set of ways to punish them. "We will introduce a sanctions regime to ensure compliance, giving regulators the ability to fine or prosecute those companies that fail in their legal duties, and to order the removal of content where it clearly breaches UK law," the manifesto reads. In laying out its plan for increased regulation, the Tories anticipate and reject potential criticism that such rules could put people at risk.
  • "While we cannot create this framework alone, it is for government, not private companies, to protect the security of people and ensure the fairness of the rules by which people and businesses abide," the document reads. "Nor do we agree that the risks of such an approach outweigh the potential benefits."
Gonzalo San Gil, PhD.

How To Use Nmap Security Scanner (Nmap Commands) - LinuxAndUbuntu - 1 views

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    "Nmap is a great security scanner. Many systems and network administrators use it for tasks such as network inventory, managing service upgrade schedules, and monitoring host or service uptime. In this article, I'll guide you through how to use Nmap commands."
Gonzalo San Gil, PhD.

Beginner's Guide to the Linux Desktop - Freedom Penguin - 0 views

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    "October 7, 2016 Joe Collins 4 Comments How To There is much talk in the Linux world about the mythical "average user." There is no such thing with Linux. First off, people who use Linux usually are those who know a thing or two about computers to begin with and want to take advantage of all the choices Linux offers. "
Paul Merrell

The punk rock internet - how DIY ​​rebels ​are working to ​replace the tech g... - 0 views

  • What they are doing could be seen as the online world’s equivalent of punk rock: a scattered revolt against an industry that many now think has grown greedy, intrusive and arrogant – as well as governments whose surveillance programmes have fuelled the same anxieties. As concerns grow about an online realm dominated by a few huge corporations, everyone involved shares one common goal: a comprehensively decentralised internet.
  • In the last few months, they have started working with people in the Belgian city of Ghent – or, in Flemish, Gent – where the authorities own their own internet domain, complete with .gent web addresses. Using the blueprint of Heartbeat, they want to create a new kind of internet they call the indienet – in which people control their data, are not tracked and each own an equal space online. This would be a radical alternative to what we have now: giant “supernodes” that have made a few men in northern California unimaginable amounts of money thanks to the ocean of lucrative personal information billions of people hand over in exchange for their services.
  • His alternative is what he calls the Safe network: the acronym stands for “Safe Access for Everyone”. In this model, rather than being stored on distant servers, people’s data – files, documents, social-media interactions – will be broken into fragments, encrypted and scattered around other people’s computers and smartphones, meaning that hacking and data theft will become impossible. Thanks to a system of self-authentication in which a Safe user’s encrypted information would only be put back together and unlocked on their own devices, there will be no centrally held passwords. No one will leave data trails, so there will be nothing for big online companies to harvest. The financial lubricant, Irvine says, will be a cryptocurrency called Safecoin: users will pay to store data on the network, and also be rewarded for storing other people’s (encrypted) information on their devices. Software developers, meanwhile, will be rewarded with Safecoin according to the popularity of their apps. There is a community of around 7,000 interested people already working on services that will work on the Safe network, including alternatives to platforms such as Facebook and YouTube.
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  • Once MaidSafe is up and running, there will be very little any government or authority can do about it: “We can’t stop the network if we start it. If anyone turned round and said: ‘You need to stop that,’ we couldn’t. We’d have to go round to people’s houses and switch off their computers. That’s part of the whole thing. The network is like a cyber-brain; almost a lifeform in itself. And once you start it, that’s it.” Before my trip to Scotland, I tell him, I spent whole futile days signing up to some of the decentralised social networks that already exist – Steemit, Diaspora, Mastadon – and trying to approximate the kind of experience I can easily get on, say, Twitter or Facebook.
  • And herein lie two potential breakthroughs. One, according to some cryptocurrency enthusiasts, is a means of securing and protecting people’s identities that doesn’t rely on remotely stored passwords. The other is a hope that we can leave behind intermediaries such as Uber and eBay, and allow buyers and sellers to deal directly with each other. Blockstack, a startup based in New York, aims to bring blockchain technology to the masses. Like MaidSafe, its creators aim to build a new internet, and a 13,000-strong crowd of developers are already working on apps that either run on the platform Blockstack has created, or use its features. OpenBazaar is an eBay-esque service, up and running since November last year, which promises “the world’s most private, secure, and liberating online marketplace”. Casa aims to be an decentralised alternative to Airbnb; Guild is a would-be blogging service that bigs up its libertarian ethos and boasts that its founders will have “no power to remove blogs they don’t approve of or agree with”.
  • An initial version of Blockstack is already up and running. Even if data is stored on conventional drives, servers and clouds, thanks to its blockchain-based “private key” system each Blockstack user controls the kind of personal information we currently blithely hand over to Big Tech, and has the unique power to unlock it. “That’s something that’s extremely powerful – and not just because you know your data is more secure because you’re not giving it to a company,” he says. “A hacker would have to hack a million people if they wanted access to their data.”
Paul Merrell

Social Media Giants Choking Independent News Site Traffic to a Trickle - 0 views

  • Several prominent figures, including Web inventor Tim Berners-Lee, warned the EU Parliament that its proposed censorship measure would begin transforming the Internet from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.
  • For much of the year, independent media has felt the sting of increased social media censorship, as the “revolving door” between U.S. intelligence agencies and social-media companies has manifested in a crackdown on news that challenges official government narratives. With many notable independent news websites having shut down since then as a result, those that remain afloat are being censored like never before, with social media traffic from Facebook and Twitter completely cut off in some cases. Among such websites, social media censorship by the most popular social networks is now widely regarded to be the worst it has ever been – a chilling reality for any who seek fact-based perspectives on major world events that differ from those to be found on well-known corporate-media outlets that consistently toe the government line. Last August, MintPress reported that a new Google algorithm targeting “fake news” had quashed traffic to many independent news and advocacy sites, with sites such as the American Civil Liberties Union, Democracy Now, and WikiLeaks, seeing their returns from Google searches experience massive drops. The World Socialist Website, one of the affected pages, reported a 67 percent decrease in Google returns while MintPress experienced an even larger decrease of 76 percent in Google search returns. The new algorithm targeted online publications on both sides of the political spectrum critical of U.S. imperialism, foreign wars, and other long-standing government policies. Now, less than a year later, the situation has become even more dire. Several independent media pages have reported that their social media traffic has sharply declined since March and – in some cases – stopped almost entirely since June began. For instance, independent media website Antimedia – a page with over 2 million likes and follows – saw its traffic drop from around 150,000 page views per day earlier this month to around 12,000 as of this week. As a reference, this time last year Antimedia’s traffic stood at nearly 300,000 a day.
Paul Merrell

What are rare earth metals & why they are China's 'nuclear option' in trade war with US... - 0 views

  • The escalating US-China trade conflict has raised concerns about the measures each side could use in their fight, including Beijing’s option to restrict exports of rare earth metals. The economic measure is dubbed as one of Beijing’s nuclear options in its battle with Washington due to the fact that China is the top producer of rare earth metals and holds the largest reserves.
  • The United States relies on China, the leading global supplier, for about 80 percent of its rare earths.
  • China controls around 85-95 percent of all the rare earths’ production and supply. Last year, the country produced about 78 percent of the global volume of rare earths.
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  • The metals and alloys that contain them are used in many devices that people use every day such as computer memory, DVDs, rechargeable batteries, cell phones, catalytic converters, magnets, fluorescent lighting and so on.During the past 20 years, there has been an explosion in demand for many items that require rare earth metals. There were very few cell phones in use then but the number has risen to over seven billion in use today. Rare earths’ use in computers has grown almost as fast as the number of cell phones.Many rechargeable batteries are made with rare earth compounds. Demand for the batteries is being driven by demand for portable electronic devices such as cell phones, readers, portable computers, and cameras.Rare earths are also used as catalysts, phosphors, and polishing compounds for air pollution control, illuminated screens on electronic devices, and much more. All of those products are expected to experience rising demand.
  • He explained that China could cripple global industry, especially emerging technologies, if it were to ban exports of rare earth materials. There are very few options in sourcing those essential technology metals from anywhere else, the analyst said. “Of course, China does not necessarily want to do this, because, it plays a long game – and it does not want the West to develop alternatives.”
Paul Merrell

India begins to embrace digital privacy. - 0 views

  • India is the world’s largest democracy and is home to 13.5 percent of the world’s internet users. So the Indian Supreme Court’s August ruling that privacy is a fundamental, constitutional right for all of the country’s 1.32 billion citizens was momentous. But now, close to three months later, it’s still unclear exactly how the decision will be implemented. Will it change everything for internet users? Or will the status quo remain? The most immediate consequence of the ruling is that tech companies such as Facebook, Twitter, Google, and Alibaba will be required to rein in their collection, utilization, and sharing of Indian user data. But the changes could go well beyond technology. If implemented properly, the decision could affect national politics, business, free speech, and society. It could encourage the country to continue to make large strides toward increased corporate and governmental transparency, stronger consumer confidence, and the establishment and growth of the Indian “individual” as opposed to the Indian collective identity. But that’s a pretty big if. Advertisement The privacy debate in India was in many ways sparked by a controversy that has shaken up the landscape of national politics for several months. It began in 2016 as a debate around a social security program that requires participating citizens to obtain biometric, or Aadhaar, cards. Each card has a unique 12-digit number and records an individual’s fingerprints and irises in order to confirm his or her identity. The program was devised to increase the ease with which citizens could receive social benefits and avoid instances of fraud. Over time, Aadhaar cards have become mandatory for integral tasks such as opening bank accounts, buying and selling property, and filing tax returns, much to the chagrin of citizens who are uncomfortable about handing over their personal data. Before the ruling, India had weak privacy protections in place, enabling unchecked data collection on citizens by private companies and the government. Over the past year, a number of large-scale data leaks and breaches that have impacted major Indian corporations, as well as the Aadhaar program itself, have prompted users to start asking questions about the security and uses of their personal data.
  • n order to bolster the ruling the government will also be introducing a set of data protection laws that are to be developed by a committee led by retired Supreme Court judge B.N. Srikrishna. The committee will study the data protection landscape, develop a draft Data Protection Bill, and identify how, and whether, the Aadhaar Act should be amended based on the privacy ruling.
  • Should the data protection laws be implemented in an enforceable manner, the ruling will significantly impact the business landscape in India. Since the election of Prime Minister Narendra Modi in May 2014, the government has made fostering and expanding the technology and startup sector a top priority. The startup scene has grown, giving rise to several promising e-commerce companies, but in 2014, only 12 percent of India’s internet users were online consumers. If the new data protection laws are truly impactful, companies will have to accept responsibility for collecting, utilizing, and protecting user data safely and fairly. Users would also have a stronger form of redress when their newly recognized rights are violated, which could transform how they engage with technology. This has the potential to not only increase consumer confidence but revitalize the Indian business sector, as it makes it more amenable and friendly to outside investors, users, and collaborators.
Paul Merrell

It's Time to Nationalize the Internet - 0 views

  • Such profiteering tactics have disproportionately affected low-income and rural communities. ISPs have long redlined these demographic groups, creating what’s commonly known as the “digital divide.” Thirty-nine percent of Americans lack access to service fast enough to meet the federal definition of broadband. More than 50 percent of adults with household incomes below $30,000 have home broadband—a problem plaguing users of color most acutely. In contrast, internet access is near-universal for households with an annual income of $100,000 or more. The reason for such chasms is simple: Private network providers prioritize only those they expect to provide a return on investment, thus excluding poor and sparsely populated areas.
  • Chattanooga, Tennessee, has seen more success in addressing redlining. Since 2010, the city has offered public broadband via its municipal power organization, Electric Power Board (EPB). The project has become a rousing success: At half the price, its service is approximately 85 percent faster than that of Comcast, the region’s primary ISP prior to EPB’s inception. Coupled with a discounted program for low-income residents, Chattanooga’s publicly run broadband reaches about 82,000 residents—more than half of the area’s Internet users—and is only expected to grow. Chattanooga’s achievements have radiated to other locales. More than 450 communities have introduced publicly-owned broadband. And more than 110 communities in 24 states have access to publicly owned networks with one gigabit-per-second (Gbps) service. (AT&T, for example, has yet to introduce speeds this high.) Seattle City Councilmember Kshama Sawant proposed a pilot project in 2015 and has recently urged her city to invest in municipal broadband. Hawaii congressperson Kaniela Ing is drafting a bill for publicly-owned Internet for the state legislature to consider next year. In November, residents of Fort Collins, Colo. voted to authorize the city to build municipal broadband infrastructure.
Paul Merrell

Israel eyes world coalition to force social media platforms to block incitement | The T... - 2 views

  • Israel is aiming to build an international coalition to force the world’s leading social media giants to prevent their platforms from being abused to peddle incitement to terrorism. The move, which was unveiled by Public Security Minister Gilad Erdan at Sunday’s cabinet meeting, aims at requiring Facebook, Twitter, Youtube, and other social networks to take greater responsibility for such content.
  • While some experts consider the idea unworkable — arguing that the terms of service of such platforms protect them from any legal threat, and that the preventative measures Erdan wants to see introduced are not possible technologically, others say a coalition pushing for change could be effective, and certainly stands more of a chance than an effort led by Israel alone.
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    With social media censorship ramping up in the West, it's good to keep in mind who started it. From 2016.
Paul Merrell

Dept. of Justice Accuses Google of Illegally Protecting Monopoly - The New York Times - 1 views

  • The Justice Department accused Google on Tuesday of illegally protecting its monopoly over search and search advertising, the government’s most significant challenge to a tech company’s market power in a generation and one that could reshape the way consumers use the internet.In a much-anticipated lawsuit, the agency accused Google of locking up deals with giant partners like Apple and throttling competition through exclusive business contracts and agreements.Google’s deals with Apple, mobile carriers and other handset makers to make its search engine the default option for users accounted for most of its dominant market share in search, the agency said, a figure that it put at around 80 percent.“For many years,” the agency said in its 57-page complaint, “Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising and general search text advertising — the cornerstones of its empire.”The lawsuit, which may stretch on for years, could set off a cascade of other antitrust lawsuits from state attorneys general. About four dozen states and jurisdictions, including New York and Texas, have conducted parallel investigations and some of them are expected to bring separate complaints against the company’s grip on technology for online advertising. Eleven state attorneys general, all Republicans, signed on to support the federal lawsuit.
  • The Justice Department did not immediately put forward remedies, such as selling off parts of the company or unwinding business contracts, in the lawsuit. Such actions are typically pursued in later stages of a case.Ryan Shores, an associate deputy attorney general, said “nothing is off the table” in terms of remedies.
  • Democratic lawmakers on the House Judiciary Committee released a sprawling report on the tech giants two weeks ago, also accusing Google of controlling a monopoly over online search and the ads that come up when users enter a query.
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  • Google last faced serious scrutiny from an American antitrust regulator nearly a decade ago, when the Federal Trade Commission investigated whether it had abused its power over the search market. The agency’s staff recommended bringing charges against the company, according to a memo reported on by The Wall Street Journal. But the agency’s five commissioners voted in 2013 not to bring a case.Other governments have been more aggressive toward the big tech companies. The European Union has brought three antitrust cases against Google in recent years, focused on its search engine, advertising business and Android mobile operating system. Regulators in Britain and Australia are examining the digital advertising market, in inquiries that could ultimately implicate the company.“It’s the most newsworthy monopolization action brought by the government since the Microsoft case in the late ’90s,” said Bill Baer, a former chief of the Justice Department’s antitrust division. “It’s significant in that the government believes that a highly successful tech platform has engaged in conduct that maintains its monopoly power unlawfully, and as a result injures consumers and competition.”
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

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

Press corner | European Commission - 0 views

  • The European Commission has opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in particular the mandatory use of Apple's own proprietary in-app purchase system and restrictions on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of apps. The investigations concern the application of these rules to all apps, which compete with Apple's own apps and services in the European Economic Area (EEA). The investigations follow-up on separate complaints by Spotify and by an e-book/audiobook distributor on the impact of the App Store rules on competition in music streaming and e-books/audiobooks.
  • iPhone and iPad users can only download native (non web-based) apps via the App Store. The Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that wish to distribute apps to users of Apple devices: (i)   The mandatory use of Apple's own proprietary in-app purchase system “IAP” for the distribution of paid digital content. Apple charges app developers a 30% commission on all subscription fees through IAP. (ii)  Restrictions on the ability of developers to inform users of alternative purchasing possibilities outside of apps. While Apple allows users to consume content such as music, e-books and audiobooks purchased elsewhere (e.g. on the website of the app developer) also in the app, its rules prevent developers from informing users about such purchasing possibilities, which are usually cheaper.
Paul Merrell

Press corner | European Commission - 0 views

  • The European Commission has informed Amazon of its preliminary view that it has breached EU antitrust rules by distorting competition in online retail markets. The Commission takes issue with Amazon systematically relying on non-public business data of independent sellers who sell on its marketplace, to the benefit of Amazon's own retail business, which directly competes with those third party sellers. The Commission also opened a second formal antitrust investigation into the possible preferential treatment of Amazon's own retail offers and those of marketplace sellers that use Amazon's logistics and delivery services. Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “We must ensure that dual role platforms with market power, such as Amazon, do not distort competition.  Data on the activity of third party sellers should not be used to the benefit of Amazon when it acts as a competitor to these sellers. The conditions of competition on the Amazon platform must also be fair.  Its rules should not artificially favour Amazon's own retail offers or advantage the offers of retailers using Amazon's logistics and delivery services. With e-commerce booming, and Amazon being the leading e-commerce platform, a fair and undistorted access to consumers online is important for all sellers.”
  • Amazon has a dual role as a platform: (i) it provides a marketplace where independent sellers can sell products directly to consumers; and (ii) it sells products as a retailer on the same marketplace, in competition with those sellers. As a marketplace service provider, Amazon has access to non-public business data of third party sellers such as the number of ordered and shipped units of products, the sellers' revenues on the marketplace, the number of visits to sellers' offers, data relating to shipping, to sellers' past performance, and other consumer claims on products, including the activated guarantees. The Commission's preliminary findings show that very large quantities of non-public seller data are available to employees of Amazon's retail business and flow directly into the automated systems of that business, which aggregate these data and use them to calibrate Amazon's retail offers and strategic business decisions to the detriment of the other marketplace sellers. For example, it allows Amazon to focus its offers in the best-selling products across product categories and to adjust its offers in view of non-public data of competing sellers. The Commission's preliminary view, outlined in its Statement of Objections, is that the use of non-public marketplace seller data allows Amazon to avoid the normal risks of retail competition and to leverage its dominance in the market for the provision of marketplace services in France and Germany- the biggest markets for Amazon in the EU. If confirmed, this would infringe Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position.
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    "In addition, the Commission opened a second antitrust investigation into Amazon's business practices that might artificially favour its own retail offers and offers of marketplace sellers that use Amazon's logistics and delivery services (the so-called "fulfilment by Amazon or FBA sellers"). In particular, the Commission will investigate whether the criteria that Amazon sets to select the winner of the "Buy Box" and to enable sellers to offer products to Prime users, under Amazon's Prime loyalty programme, lead to preferential treatment of Amazon's retail business or of the sellers that use Amazon's logistics and delivery services. The "Buy Box" is displayed prominently on Amazon's websites and allows customers to add items from a specific retailer directly into their shopping carts. Winning the "Buy Box" (i.e. being chosen as the offer that features in this box) is crucial to marketplace sellers as the Buy Box prominently shows the offer of one single seller for a chosen product on Amazon's marketplaces, and generates the vast majority of all sales. The other aspect of the investigation focusses on the possibility for marketplace sellers to effectively reach Prime users. Reaching these consumers is important to sellers because the number of Prime users is continuously growing and because they tend to generate more sales on Amazon's marketplaces than non-Prime users. If proven, the practice under investigation may breach Article 102 of the Treaty on the Functioning of the European Union (TFEU) that prohibits the abuse of a dominant market position. The Commission will now carry out its in-depth investigation as a matter of priority"
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    On the filed charges, the violation seems to be fairly clear-cut and straightforward to prove. (DG Competition has really outstanding lawyers.) I suspect the real fight here will be over the remedy.
Paul Merrell

Ohio's attorney general wants Google to be declared a public utility. - The New York Times - 2 views

  • Ohio’s attorney general, Dave Yost, filed a lawsuit on Tuesday in pursuit of a novel effort to have Google declared a public utility and subject to government regulation.The lawsuit, which was filed in a Delaware County, Ohio court, seeks to use a law that’s over a century old to regulate Google by applying a legal designation historically used for railroads, electricity and the telephone to the search engine.“When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access,” Mr. Yost, a Republican, said in a statement. He added that Ohio was the first state to bring such a lawsuit against Google.If Google were declared a so-called common carrier like a utility company, it would prevent the company from prioritizing its own products, services and websites in search results.AdvertisementContinue reading the main storyGoogle said it had none of the attributes of a common carrier that usually provide a standardized service for a fee using public assets, such as rights of way.The “lawsuit would make Google Search results worse and make it harder for small businesses to connect directly with customers,” José Castañeda, a Google spokesman, said in a statement. “Ohioans simply don’t want the government to run Google like a gas or electric company. This lawsuit has no basis in fact or law and we’ll defend ourselves against it in court.”Though the Ohio lawsuit is a stretch, there is a long history of government control of certain kinds of companies, said Andrew Schwartzman, a senior fellow at the nonprofit Benton Institute for Broadband & Society. “Think of ‘The Canterbury Tales.’ Travelers needed a place to stay and eat on long road treks, and innkeepers were not allowed to deny them accommodations or rip them off,” he said.
  • After a series of federal lawsuits filed against Google last year, Ohio’s lawsuit is part of a next wave of state actions aimed at regulating and curtailing the power of Big Tech. Also on Tuesday, Colorado’s legislature passed a data privacy law that would allow consumers to opt out of data collection.On Monday, New York’s Senate passed antitrust legislation that would make it easier for plaintiffs to sue dominant platforms for abuse of power. After years of inaction in Congress with tech legislation, states are beginning to fill the regulatory vacuum.Editors’ PicksThe Abandoned Houses of Instagram21 Easy Summer Dinners You’ll Cook (or Throw Together) on Repeat‘King Richard’ Finds Fresh Drama in WatergateAdvertisementContinue reading the main storyAdvertisementContinue reading the main storyOhio was also one of 38 states that filed an antitrust lawsuit in December accusing Google of being a monopoly and using its dominant position in internet search to squeeze out smaller rivals.
Paul Merrell

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

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

TTIP expected to fail after US demands revealed in unprecedented leak | Ars Technica UK - 1 views

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    "Bernd Lange, the chairman of the European Parliament's important trade committee, has indicated that he now expects the Transatlantic Trade and Investment Partnership (TTIP) negotiations will probably fail, following a major leak of confidential documents from the talks."
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    "Bernd Lange, the chairman of the European Parliament's important trade committee, has indicated that he now expects the Transatlantic Trade and Investment Partnership (TTIP) negotiations will probably fail, following a major leak of confidential documents from the talks."
Paul Merrell

Long-Secret Stingray Manuals Detail How Police Can Spy on Phones - 0 views

  • Harris Corp.’s Stingray surveillance device has been one of the most closely guarded secrets in law enforcement for more than 15 years. The company and its police clients across the United States have fought to keep information about the mobile phone-monitoring boxes from the public against which they are used. The Intercept has obtained several Harris instruction manuals spanning roughly 200 pages and meticulously detailing how to create a cellular surveillance dragnet. Harris has fought to keep its surveillance equipment, which carries price tags in the low six figures, hidden from both privacy activists and the general public, arguing that information about the gear could help criminals. Accordingly, an older Stingray manual released under the Freedom of Information Act to news website TheBlot.com last year was almost completely redacted. So too have law enforcement agencies at every level, across the country, evaded almost all attempts to learn how and why these extremely powerful tools are being used — though court battles have made it clear Stingrays are often deployed without any warrant. The San Bernardino Sheriff’s Department alone has snooped via Stingray, sans warrant, over 300 times.
  • The documents described and linked below, instruction manuals for the software used by Stingray operators, were provided to The Intercept as part of a larger cache believed to have originated with the Florida Department of Law Enforcement. Two of them contain a “distribution warning” saying they contain “Proprietary Information and the release of this document and the information contained herein is prohibited to the fullest extent allowable by law.”  Although “Stingray” has become a catch-all name for devices of its kind, often referred to as “IMSI catchers,” the manuals include instructions for a range of other Harris surveillance boxes, including the Hailstorm, ArrowHead, AmberJack, and KingFish. They make clear the capability of those devices and the Stingray II to spy on cellphones by, at minimum, tracking their connection to the simulated tower, information about their location, and certain “over the air” electronic messages sent to and from them. Wessler added that parts of the manuals make specific reference to permanently storing this data, something that American law enforcement has denied doing in the past.
  • One piece of Windows software used to control Harris’s spy boxes, software that appears to be sold under the name “Gemini,” allows police to track phones across 2G, 3G, and LTE networks. Another Harris app, “iDen Controller,” provides a litany of fine-grained options for tracking phones. A law enforcement agent using these pieces of software along with Harris hardware could not only track a large number of phones as they moved throughout a city but could also apply nicknames to certain phones to keep track of them in the future. The manual describing how to operate iDEN, the lengthiest document of the four at 156 pages, uses an example of a target (called a “subscriber”) tagged alternately as Green Boy and Green Ben:
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  • In order to maintain an uninterrupted connection to a target’s phone, the Harris software also offers the option of intentionally degrading (or “redirecting”) someone’s phone onto an inferior network, for example, knocking a connection from LTE to 2G:
  • A video of the Gemini software installed on a personal computer, obtained by The Intercept and embedded below, provides not only an extensive demonstration of the app but also underlines how accessible the mass surveillance code can be: Installing a complete warrantless surveillance suite is no more complicated than installing Skype. Indeed, software such as Photoshop or Microsoft Office, which require a registration key or some other proof of ownership, are more strictly controlled by their makers than software designed for cellular interception.
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Google, ACLU call to delay government hacking rule | TheHill - 0 views

  • A coalition of 26 organizations, including the American Civil Liberties Union (ACLU) and Google, signed a letter Monday asking lawmakers to delay a measure that would expand the government’s hacking authority. The letter asks Senate Majority Leader Mitch McConnellMitch McConnellTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Ky.) and Minority Leader Harry ReidHarry ReidNevada can’t trust Trump to protect public lands Sanders, Warren face tough decision on Trump Google, ACLU call to delay government hacking rule MORE (D-Nev.), plus House Speaker Paul RyanPaul RyanTrump voices confidence on infrastructure plan GOP leaders to Obama: Leave Iran policy to Trump GOP debates going big on tax reform MORE (R-Wis.), and House Minority Leader Nancy Pelosi (D-Calif.) to further review proposed changes to Rule 41 and delay its implementation until July 1, 2017. ADVERTISEMENTThe Department of Justice’s alterations to the rule would allow law enforcement to use a single warrant to hack multiple devices beyond the jurisdiction that the warrant was issued in. The FBI used such a tactic to apprehend users of the child pornography dark website, Playpen. It took control of the dark website for two weeks and after securing two warrants, installed malware on Playpen users computers to acquire their identities. But the signatories of the letter — which include advocacy groups, companies and trade associations — are raising questions about the effects of the change. 
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    ".. no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Fourth Amendment. The changes to Rule 41 ignore the particularity requirement by allowing the government to search computers that are not particularly identified in multiple locations not particularly identifed, in other words, a general warrant that is precisely the reason the particularity requirement was adopted to outlaw.
Paul Merrell

US State Police Have Spent Millions on Israeli Phone Cracking Tech | Motherboard - 0 views

  • This is part of a Motherboard mini-series on the proliferation of phone cracking technology, the people behind it, and who is buying it. Follow along here.When cops have a phone to break into, they just might pull a small, laptop-sized device out of a rugged briefcase. After plugging the phone in with a cable, and a few taps of a touch-screen, the cops have now bypassed the phone’s passcode. Almost like magic, they now have access to call logs, text messages, and in some cases even deleted data.State police forces and highway patrols in the US have collectively spent millions of dollars on this sort of technology to break into and extract data from mobile phones, according to documents obtained by Motherboard. Over 2,000 pages of invoices, purchase orders, communications, and other documents lay out in unprecedented detail how one company in particular has cornered the trade in mobile phone forensics equipment across the United States.Cellebrite, an Israel-based firm, sells tools that can pull data from most mobile phones on the market, such as contact lists, emails, and wiped messages. Cellebrite's products can also circumvent the passcode locks or other security protections on many current mobile phones. The gear is typically used to gather evidence from a criminal suspect's device after it has been seized, and although not many public examples of abuse are available, Cellebrite’s tools have been used by non-US authorities to prosecute dissidents.Previous reports have focused on federal agencies' acquisition of Cellebrite tools. But as smartphones have proliferated and increasingly become the digital center of our lives, the demand and supply of mobile forensics tools has trickled down to more local bodies.
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