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Gonzalo San Gil, PhD.

[# ! (#Free) #Tech:] Manage your Linux Box with htop - Freedom Penguin - 0 views

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    "January 14, 2016 Joe Collins 0 Comment How To There is one application that I simply must have on every Linux system I install and that's htop. It doesn't matter whether it's a virtual machine or installed on hardware. It doesn't matter what distribution it is or whether the system is running a GUI Desktop Environment or not, I gotta have htop. It has become such an integral part of "
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    "January 14, 2016 Joe Collins 0 Comment How To There is one application that I simply must have on every Linux system I install and that's htop. It doesn't matter whether it's a virtual machine or installed on hardware. It doesn't matter what distribution it is or whether the system is running a GUI Desktop Environment or not, I gotta have htop. It has become such an integral part of "
Gonzalo San Gil, PhD.

OpenFlow - Enabling Innovation in Your Network - 1 views

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    [ Innovate in Your Network OpenFlow enables networks to evolve, by giving a remote controller the power to modify the behavior of network devices, through a well-defined "forwarding instruction set". The growing OpenFlow ecosystem now includes routers, switches, virtual switches, and access points from a range of vendors. Learn More Develop Participate The Open Networking Foundation (ONF) is now the home of the OpenFlow specification. We invite you to join the ONF and be part of the exciting standardization and commercial development and deployment of OpenFlow. ...]
Paul Merrell

AT&T Mobility LLC, et al v. AU Optronics Corp., et al :: Ninth Circuit :: US Courts of ... - 0 views

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    This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    
Gonzalo San Gil, PhD.

Inside Eve: Online's propaganda machine-from Photoshop to DDoS | Ars Technica UK [# ! N... - 0 views

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    "As the virtual war intensifies, so too do attacks on players in the real world. Nick Cowen - Sep 6, 2016 7:27 am UTC"
Gonzalo San Gil, PhD.

Original DVD Screeners Widely Available on eBay - TorrentFreak [# ! Note] - 0 views

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    " Andy on March 26, 2016 C: 20 News When studios send out DVDs of the latest movies for the consideration of awards voters, that content is supposed to be on lockdown. Instead, copies of virtually all movies leak to the Internet and are downloaded by millions. Later, adding insult to injury, these DVDs appear in dozens of eBay listings, on sale for a few bucks."
karen Martinez

Virtual Reality Setup - 0 views

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    The issues identified with VR setup has turned out to be entirely predominant on the grounds that the gadget is new, the innovation is new and individuals are not ready to comprehend it appropriately. Along these lines, they need to take the assistance of the VR bolster suppliers.
Gonzalo San Gil, PhD.

Tor Project: Overview - 2 views

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    Overview Tor is a network of virtual tunnels that allows people and groups to improve their privacy and security on the Internet. It also enables software developers to create new communication tools with built-in privacy features. Tor provides the foundation for a range of applications that allow organizations and individuals to share information over public networks without compromising their privacy.
Paul Merrell

US judge slams surveillance requests as "repugnant to the Fourth Amendment" - World Soc... - 0 views

  • Federal Magistrate Judge John M. Facciola denied a US government request earlier this month for a search and seizure warrant, targeting electronic data stored on Apple Inc. property. Facciola’s order, issued on March 7, 2014, rejected what it described as only the latest in a series of “overbroad search and seizure requests,” and “unconstitutional warrant applications” submitted by the US government to the US District Court for the District of Columbia. Facciola referred to the virtually unlimited warrant request submitted by the Justice Department as “repugnant to the Fourth Amendment.” The surveillance request sought information in relation to a “kickback investigation” of a defense contractor, details about which remain secret. It is significant, however, that the surveillance request denied by Facciola relates to a criminal investigation, unrelated to terrorism. This demonstrates that the use by the Obama administration of blanket warrants enabling them to seize all information on a person's Internet accounts is not limited to terrorism, as is frequently claimed, but is part of a program of general mass illegal spying on the American people.
  • Facciola’s ruling states in no uncertain terms that the Obama administration has aggressively and repeatedly sought expansive, unconstitutional warrants, ignoring the court’s insistence for specific, narrowly targeted surveillance requests. “The government continues to submit overly broad warrants and makes no effort to balance the law enforcement interest against the obvious expectation of privacy email account holders have in their communications…The government continues to ask for all electronically stored information in email accounts, irrespective of the relevance to the investigation,” wrote Judge Facciola. As stated in the ruling, the surveillance requests submitted to the court by the US government sought the following comprehensive, virtually limitless list of information about the target: “All records or other information stored by an individual using each account, including address books, contact and buddy lists, pictures, and files… All records or other information regarding the identification of the accounts, to include full name, physical address, telephone numbers and other identifies, records of session times and durations, the date on which each account was created, the length of service, the types of service utilized, the Internet Protocol (IP) address used to register each account, log-in IP addresses associated with session times and dates, account status, alternative email addresses provided during registration, methods of connecting, log files, and means of payment (including any credit or bank account number).”
  • Responding to these all-encompassing warrant requests, Judge Facciola ruled that evidence of probable cause was necessary for each specific item sought by the government. “This Court is increasingly concerned about the government’s applications for search warrants for electronic data. In essence, its applications ask for the entire universe of information tied to a particular account, even if it has established probable cause only for certain information,” Facciola wrote. “It is the Court’s duty to reject any applications for search warrants where the standard of probable cause has not been met… To follow the dictates of the Fourth Amendment and to avoid issuing a general warrant, a court must be careful to ensure that probable cause exists to seize each item specified in the warrant application… Any search of an electronic source has the potential to unearth tens or hundreds of thousands of individual documents, pictures, movies, or other constitutionally protected content.” Facciola also noted in the ruling that the government never reported the length of time it would keep the data, or whether it planned to destroy the data at any point.
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  • Facciola’s ruling represents a reversal from a previous ruling, in which a Kansas judge allowed the government to conduct such unlimited searches of Yahoo accounts.
  • In testimony, De and his deputy Brad Wiegmann rejected the privacy board’s advice that the agency limit its data mining to specific targets approved by specific warrants. “If you have to go back to court every time you look at the information in your custody, you can imagine that would be quite burdensome,” said Wiegmann. De further said on the topic, “That information is at the government’s disposal to review in the first instance.” As these statements indicate, the intelligence establishment rejects any restrictions on their prerogative to spy on every aspect of citizens lives at will, even the entirely cosmetic regulations proposed by the Obama administration-appointed PCLOB.
Gonzalo San Gil, PhD.

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

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    "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."
Gary Edwards

Out in the Open: Inside the Operating System Edward Snowden Used to Evade the NSA | Ent... - 0 views

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    TAILS anonymous Operating System- excerpt: "When NSA whistle-blower Edward Snowden first emailed Glenn Greenwald, he insisted on using email encryption software called PGP for all communications. But this month, we learned that Snowden used another technology to keep his communications out of the NSA's prying eyes. It's called Tails. And naturally, nobody knows exactly who created it. Tails is a kind of computer-in-a-box. You install it on a DVD or USB drive, boot up the computer from the drive and, voila, you're pretty close to anonymous on the internet. At its heart, Tails is a version of the Linux operating system optimized for anonymity. It comes with several privacy and encryption tools, most notably Tor, an application that anonymizes a user's internet traffic by routing it through a network of computers run by volunteers around the world. Snowden, Greenwald and their collaborator, documentary film maker Laura Poitras, used it because, by design, Tails doesn't store any data locally. This makes it virtually immune to malicious software, and prevents someone from performing effective forensics on the computer after the fact. That protects both the journalists, and often more importantly, their sources. "The installation and verification has a learning curve to make sure it is installed correctly," Poitras told WIRED by e-mail. "But once the set up is done, I think it is very easy to use." An Operating System for Anonymity Originally developed as a research project by the U.S. Naval Research Laboratory, Tor has been used by a wide range of people who care about online anonymity: everyone from Silk Road drug dealers, to activists, whistleblowers, stalking victims and people who simply like their online privacy. Tails makes it much easier to use Tor and other privacy tools. Once you boot into Tails - which requires no special setup - Tor runs automatically. When you're done using it, you can boot back into your PC's normal operating
Gonzalo San Gil, PhD.

Killing Spotify's Free Version Will Boost Piracy | TorrentFreak [# ! Note] - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! The Truth is That Industry DOESN'T WANT any competitive, affordable and convenient online music service, as '#They' want to keep on manipulating market and, this, way, try to control the #FreeThinking' that a wide supply of music contents provides... # ! And, of course, preserve its de facto monopoly in the (music related) market panorama...
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    [ Ernesto on May 10, 2015 C: 0 Opinion Spotify is generally hailed as a piracy killer, with music file-sharing traffic dropping in virtually every country where the service launches. However, much of this effect may be lost if recent calls to end Spotify's free tier are honored. ...]
Paul Merrell

Sun's Advanced Datacenter (Santa Clara, CA) - System News - 0 views

  • To run Sun’s award-winning data centers, a modular design containing many "pods" was implemented to save power and time. The modular design aids the building of any sized datacenter. Inside of each pod, there are 24 racks. Each of these 24 racks has a common cooling system as does every other modular building block. The number of pods is limited by the size of the datacenters. Large and small datacenters can benefit from using the pod approach. The module design makes it easy to configure a datacenter to meet a client's requirements. As the datacenter grows over time, adding pods is convenient. The module and pod designs make it easy to adapt to new technology such as blade servers. Some of the ways that Sun’s datacenter modules are designed with the future in mind are as follows:
  • To run Sun’s award-winning data centers, a modular design containing many "pods" was implemented to save power and time. The modular design aids the building of any sized datacenter. Inside of each pod, there are 24 racks. Each of these 24 racks has a common cooling system as does every other modular building block. The number of pods is limited by the size of the datacenters. Large and small datacenters can benefit from using the pod approach. The module design makes it easy to configure a datacenter to meet a client's requirements. As the datacenter grows over time, adding pods is convenient. The module and pod designs make it easy to adapt to new technology such as blade servers.
  • An updated 58-page Sun BluePrint covers Sun's approach to designing datacenters. (Authors - Dean Nelson, Michael Ryan, Serena DeVito, Ramesh KV, Petr Vlasaty, Brett Rucker, and Brian Day): ENERGY EFFICIENT DATACENTERS: THE ROLE OF MODULARITY IN DATACENTER DESIGN. More Information Sun saves $1 million/year with new datacenter Take a Virtual Tour
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  • An updated 58-page Sun BluePrint covers Sun's approach to designing datacenters. (Authors - Dean Nelson, Michael Ryan, Serena DeVito, Ramesh KV, Petr Vlasaty, Brett Rucker, and Brian Day): ENERGY EFFICIENT DATACENTERS: THE ROLE OF MODULARITY IN DATACENTER DESIGN.
  • Take a Virtual Tour
  • Other articles in the Hardware section of Volume 125, Issue 1: Sun's Advanced Datacenter (Santa Clara, CA) Modular Approach Is Key to Datacenter Design for Sun Sun Datacenter Switch 3x24 See all archived articles in the
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    This page seems to be the hub for information about the Sun containerized data centers. I've highlighted links as well as text, but not all the text on the page. Info gathered in the process of surfing the linked pages: [i] the 3x24 data switch page recomends redundant Solaris instances; [ii] x64 blade servers are the design target; [iii] there is specific mention of other Sun-managed data centers being erected in Indiana and in Bangalore, India; [iv] the whiff is that Sun might not only be supplying the data centers for the Microsoft cloud but also managing them; and [v] the visual tour is very impressive; clearly some very brilliant people put a lot of hard and creative work into this.
Gary Edwards

Digg - Intel and TSMC: What are they thinking? - CNET News - 0 views

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    I posted a digg on Peter Glaskowsky's CNET article discussing the Intel - TSMC deal. In 1995, i somehow managed to get between Intel and TSMC regarding funding for Virtual Realty, a video conferencing based loan origination / real estate transaction processing company that used Intel ProShare. TSMC wanted to invest a ton of money in VRi, with the idea of providing a full graphical listing, brokerage and transaction service for all of Asia. Intel needed a business model proving the value of ProShare, and capable of putting down the basics of a wide bandwidth video conferencing communications-data network they could grow into a platform.

    At first this seemed to me like a win-win for everyone. Then i found out how seriously pissed Intel was about TSMC's deal with ViA and the resulting "WinBook". Although this is not the time or place to tell the story, i was truly stunned and shocked when i saw the Intel-TSMC deal announcement. Wow!

    My response to Peter focuses on his comments about how this deal will impact Nvidia. And then, how the Nvidia vision of an ION-Atom motherboard impacts WebKit and the future of the Open Web.
Paul Merrell

Alfresco Labs 3.0 Final Version Supports CMIS - 0 views

  • Alfresco Software Inc., today announced the general availability of Alfresco Labs 3 Final. This is a milestone release for Alfresco Labs and is immediately available for download under the open source GPL license at:       http://wiki.alfresco.com/wiki/Download_Labs "In the current economic environment organizations seek more cost effective and productive methods of managing increased volumes of content and greater levels of compliance. Alfresco delivers an innovative solution for ECM, while dramatically reducing the associated costs," said John Newton, CTO of Alfresco Software. "This release is designed to be the open source content services platform for all Alfresco and non-Alfresco content applications from document management and web content management to wikis. Alfresco has already utilized the emerging CMIS standard to integrate content services to other open source systems like Joomla, as well as offering integrations to MediaWiki, Open Office and WordPress. We strongly recommend that our open source community download this release."
  • Native SharePoint protocol support: Seamless document editing via SharePoint protocol Flex Document Previewer: Zoom, snap points and full-screen AJAX Calendar: Drag-and-drop event support Links Directory Manager: Share internal and external links Document Management Enhanced SharePoint protocol site and workspace support Email Management Email-In Smart Folders: Email storage with attachment support
  • CMIS REST and Web Services binding Content Management Interoperability Services (CMIS) support SharePoint Protocol Support Native SharePoint Protocol support from Microsoft Office and Alfresco Share
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  • Alfresco has seen major adoption of its open source ECM system throughout the world. There have been over 1.5 million downloads of Alfresco Labs. Alfresco Labs is designed to be the research vehicle for new features, enabling developers to access a nightly build with the latest functionality. The Alfresco Labs 3 build is a stable build with basic QA against an open source stack. Alfresco Enterprise is the supported Alfresco build and is used by more than 700 enterprise customers, including the NYSE, Los Angeles Times, Boise Cascade, Sony Pictures, Activision, Kaplan, FedEx, and KLM.
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    Virtually all of the big ECM players have joined the OASIS CMIS TC, but how many are there to collaborate and how many to obstruct? See . The Alfresco Labs FOSS CMIS and BPM hub seems to be gaining by leaps and bounds and now offers even more app interop connections including -- vitally -- with Sharepoint. CMIS is a standard we might keep an eye on.
Gary Edwards

InformationWeek 500 Trends: Web 2.0, Globalization, Virtualization, And More -- Informa... - 0 views

  • Web 2.0 is one of the trendiest ideas in tech, for instance, but there are entire industries where not one company in our survey cites it as a top productivity improver. Meantime, adoption of some more tactical technologies, such as WAN optimization, has exploded in the last year.
  • critical trends, from Web 2.0 to globalization to virtualization
  • the momentum is behind wikis, blogs, and social networking, though primarily among co-workers.
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  • When it comes to using Web 2.0 collaboration tools
  • Use of hosted collaboration applications--from calendars to document sharing--hit a reasonably high 60%.
  • Asked what technologies have improved productivity the most, only 14% overall cite "encouraging the use of Web 2.0 technologies.
  • One possible bright spot in our survey is that implementing new collaboration tools, such as Microsoft SharePoint, is cited more often than any other--48%--as a technology leveraged to improve productivity.
  • at satisfied companies, business units rather than IT departments are much more likely to drive the selection of Web 2.0 technologies. At companies dissatisfied with Web 2.0, IT is more likely to take the lead.
  • There's more to Web 2.0 than collaboration tools like wikis and other employee-facing tools, and there's interesting progress on the critical back-end layer that enables Web 2.0. One is mashups; 38% of InformationWeek 500 companies are combining Web and enterprise content in new ways. The other is in Web 2.0 development tools.
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    What the InformationWeek 500 data tells us about the use of emerging technologies.
Gary Edwards

SitePen Blog » Inside the Dojo Toolbox - 0 views

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    Great insight into Adobe AiR and the transition from browser based surfing to web application building.
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    Building the Dojo Toolbox allowed us to dive into Adobe® AIR™, and to create a blended toolchain of JavaScript, PHP, Python and Rhino (JavaScript on the Java Virtual Machine) for developing an amazing desktop application using open web technologies. One of the most noticeable things you'll see when moving from typical browser-based development to AIR is that you only have one browser to worry about. Dojo does a great job of masking browser JavaScript API differences, but there are still enough differences in CSS and other aspects of application development that it is somewhat refreshing to only have one platform to develop again. Also, since AIR includes WebKit, it has one of the fastest JavaScript implementations around and offers numerous useful experimental CSS properties that you can use in the AIR context. Apple has invested a lot in WebKit development, and AIR will naturally inherit those benefits when they next upgrade the included WebKit.
Paul Merrell

VMware to Acquire Zimbra - 1 views

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    PALO ALTO, Calif., January 12, 2010 - VMware, Inc. (NYSE: VMW), the global leader in virtualization solutions from the desktop through the datacenter and to the cloud, today announced that it has entered into a definitive agreement to acquire Zimbra, a leading vendor of email and collaboration software, from Yahoo! Inc. Zimbra is a leading open source email and collaboration solution with over 55 million mailboxes.  As an independent Yahoo! product division, Zimbra achieved 2009 mailbox growth of 86% overall and 165% among small and medium business customers.
Gary Edwards

Cloud computing and the return of the platform wars | The Open Web takes on the Open Cl... - 0 views

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    Excellent article on Cloud Computing and the need for an Open API from Dion Hinchcliffe. Solid analysis, deeply linked, with some good graphics: "....The final outcome of this struggle, as it's been in many earlier platform battles over personal computer hardware, operating systems, databases, and even the Web itself, will be the result of a fairly predictable and oft-repeated cycle of events (see diagram below) for which a small number of large winners are likely to emerge victorious...." "When we look back many years from now, it's probable that cloud computing will be regarded as both a momentous and major change of course in the history of software; many future computing platforms will be created and operated by what seemingly amount to utility companies. While this might seem like a boring future for computing, it's a necessarily pragmatic evolution as the very size and scope of modern software requires new economic models in order to remain cost effective. Virtually any online application these days has to scale to a few million users as quickly and inexpensively as possible....."
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

  • Launched by the Institute for Public Accuracy in June 2014, ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.” ExposeFacts aims to shed light on concealed activities that are relevant to human rights, corporate malfeasance, the environment, civil liberties and war. At a time when key provisions of the First, Fourth and Fifth Amendments are under assault, we are standing up for a free press, privacy, transparency and due process as we seek to reveal official information—whether governmental or corporate—that the public has a right to know. While no software can provide an ironclad guarantee of confidentiality, ExposeFacts—assisted by the Freedom of the Press Foundation and its “SecureDrop” whistleblower submission system—is utilizing the latest technology on behalf of anonymity for anyone submitting materials via the ExposeFacts.org website. As journalists we are committed to the goal of protecting the identity of every source who wishes to remain anonymous.
  • The seasoned editorial board of ExposeFacts will be assessing all the submitted material and, when deemed appropriate, will arrange for journalistic release of information. In exercising its judgment, the editorial board is able to call on the expertise of the ExposeFacts advisory board, which includes more than 40 journalists, whistleblowers, former U.S. government officials and others with wide-ranging expertise. We are proud that Pentagon Papers whistleblower Daniel Ellsberg was the first person to become a member of the ExposeFacts advisory board. The icon below links to a SecureDrop implementation for ExposeFacts overseen by the Freedom of the Press Foundation and is only accessible using the Tor browser. As the Freedom of the Press Foundation notes, no one can guarantee 100 percent security, but this provides a “significantly more secure environment for sources to get information than exists through normal digital channels, but there are always risks.” ExposeFacts follows all guidelines as recommended by Freedom of the Press Foundation, and whistleblowers should too; the SecureDrop onion URL should only be accessed with the Tor browser — and, for added security, be running the Tails operating system. Whistleblowers should not log-in to SecureDrop from a home or office Internet connection, but rather from public wifi, preferably one you do not frequent. Whistleblowers should keep to a minimum interacting with whistleblowing-related websites unless they are using such secure software.
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    A new resource site for whistle-blowers. somewhat in the tradition of Wikileaks, but designed for encrypted communications between whistleblowers and journalists.  This one has an impressive board of advisors that includes several names I know and tend to trust, among them former whistle-blowers Daniel Ellsberg, Ray McGovern, Thomas Drake, William Binney, and Ann Wright. Leaked records can only be dropped from a web browser running the Tor anonymizer software and uses the SecureDrop system originally developed by Aaron Schwartz. They strongly recommend using the Tails secure operating system that can be installed to a thumb drive and leaves no tracks on the host machine. https://tails.boum.org/index.en.html Curious, I downloaded Tails and installed it to a virtual machine. It's a heavily customized version of Debian. It has a very nice Gnome desktop and blocks any attempt to connect to an external network by means other than installed software that demands encrypted communications. For example, web sites can only be viewed via the Tor anonymizing proxy network. It does take longer for web pages to load because they are moving over a chain of proxies, but even so it's faster than pages loaded in the dial-up modem days, even for web pages that are loaded with graphics, javascript, and other cruft. E.g., about 2 seconds for New York Times pages. All cookies are treated by default as session cookies so disappear when you close the page or the browser. I love my Linux Mint desktop, but I am thinking hard about switching that box to Tails. I've been looking for methods to send a lot more encrypted stuff down the pipe for NSA to store. Tails looks to make that not only easy, but unavoidable. From what I've gathered so far, if you want to install more software on Tails, it takes about an hour to create a customized version and then update your Tails installation from a new ISO file. Tails has a wonderful odor of having been designed for secure computing. Current
Paul Merrell

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

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