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Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.

Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.

Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.

Gagging orders in the FBI's National Security Letters are all above board and constitutional, a California court has ruled. These security letters are typically sent to internet giants demanding information on whoever is behind a username or email address. Crucially, these requests include clauses that prevent the organizations from warning specific subscribers that they are under surveillance by the Feds. Cloudflare and Credo Mobile aren't happy with that, and – with the help of rights warriors at the EFF – challenged the gagging orders. Despite earlier successes in their legal battle, the 9th US Circuit Court of Appeals ruled [PDF] on Monday that the gagging orders do not trample on First Amendment rights.

The FBI dishes out thousands of National Security Letters (NSLs) every year; they can simply be issued by a special agent in charge in a bureau field office, and don’t require judicial review. They allow the Feds to obtain the name, address, and records of any services used – but not the contents of conversations – plus billing records of a person, and forbid the hosting company from telling the subject, meaning those under investigation can’t challenge the decision. It used to be the case that companies couldn’t even mention the existence of the NSL system for fear of prosecution. However, in 2013 a US district court in San Francisco ruled that such extreme gagging violated the First Amendment. That decision came after Google, and later others, started publishing the number of NSL orders that had been received, in defiance of the law. In 2015 the Obama administration amended the law to allow companies limited rights to disclose NSL orders, and to set a three-year limit for the gagging order. It also set up a framework for companies to challenge the legitimacy of NSL subpoenas, and it was these changes that caused the appeals court verdict in favor of the government.

Maine internet service providers will face the strictest consumer privacy protections in the nation under a bill signed Thursday by Gov. Janet Mills, but the new law will almost certainly be challenged in court. Several technology and communication trade groups warned in testimony before the Legislature that the measure may be in conflict with federal law and would likely be the subject of legal action.

The new law, which goes into effect on July 1, 2020, would require providers to ask for permission before they sell or share any of their customers’ data to a third party. The law would also apply to telecommunications companies that provide access to the internet via their cellular networks.

The law is modeled on a Federal Communications Commission rule, adopted under the administration of President Obama but overturned by the administration of President Trump in 2017. The rule blocked an ISP from selling a customer’s personal data, which is not prohibited under federal law.

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."

The encryption debate dates back to Clinton administration proposals for the “clipper chip” and mandatory deposit of decryption keys. But that debate reached new prominence in connection with the FBI’s efforts to compel Apple to decrypt the phone of a dead terrorist in the San Bernardino case. A new study by the National Academies of Sciences, Engineering, and Medicine tries to shed some light, and turn down the heat, in the debate over whether government agencies should be provided access to plaintext versions of encrypted communications and other data. FBI and other law enforcement officials, and some intelligence officials, have argued that in the face of widespread encryption provided by smart phones, messaging apps, and other devices and software, the internet is “going dark.” These officials warn that encryption is restricting their access to information needed for criminal and national security investigations, arguing that they need a reliable, timely and scalable way to access it. Critics have raised legal and practical objections that regulations to ensure government access would pose unacceptable risks to privacy and civil liberties and undermine computer security in the face of rising cyber threats, and may be less necessary given the wider availability of data and alternative means of obtaining access to encrypted data. As the encryption debate has become increasingly polarized with participants on all sides making sweeping, sometimes absolutist, assertions, the new National Academies’ report doesn’t purport to tell anyone what to do, but rather provides a primer on the relevant issues.

A growing number of leading left-wing websites have confirmed that their search traffic from Google has plunged in recent months, adding to evidence that Google, under the cover of a fraudulent campaign against fake news, is implementing a program of systematic and widespread censorship. Truthout, a not-for-profit news website that focuses on political, social, and ecological developments from a left progressive standpoint, had its readership plunge by 35 percent since April. The Real News , a nonprofit video news and documentary service, has had its search traffic fall by 37 percent. Another site, Common Dreams , last week told the WSWS that its search traffic had fallen by up to 50 percent. As extreme as these sudden drops in search traffic are, they do not equal the nearly 70 percent drop in traffic from Google seen by the WSWS. “This is political censorship of the worst sort; it’s just an excuse to suppress political viewpoints,” said Robert Epstein, a former editor in chief of Psychology Today and noted expert on Google. Epstein said that at this point, the question was whether the WSWS had been flagged specifically by human evaluators employed by the search giant, or whether those evaluators had influenced the Google Search engine to demote left-wing sites. “What you don’t know is whether this was the human evaluators who are demoting you, or whether it was the new algorithm they are training,” Epstein said.

Richard Stallman, the world-renowned technology pioneer and a leader of the free software movement, said he had read the WSWS’s coverage on Google’s censorship of left-wing sites. He warned about the immense control exercised by Google over the Internet, saying, “For people’s main way of finding articles about a topic to be run by a giant corporation creates an obvious potential for abuse.” According to data from the search optimization tool SEMRush, search traffic to Mr. Stallman’s personal website, Stallman.org, fell by 24 percent, while traffic to gnu.org, operated by the Free Software Foundation, fell 19 percent. Eric Maas, a search engine optimization consultant working in the San Francisco Bay area, said his team has surveyed a wide range of alternative news sites affected by changes in Google’s algorithms since April.  “While the update may be targeting specific site functions, there is evidence that this update is promoting only large mainstream news organizations. What I find problematic with this is that it appears that some sites have been targeted and others have not.” The massive drop in search traffic to the WSWS and other left-wing sites followed the implementation of changes in Google’s search evaluation protocols. In a statement issued on April 25, Ben Gomes, the company’s vice president for engineering, stated that Google’s update of its search engine would block access to “offensive” sites, while working to surface more “authoritative content.” In a set of guidelines issued to Google evaluators in March, the company instructed its search evaluators to flag pages returning “conspiracy theories” or “upsetting” content unless “the query clearly indicates the user is seeking an alternative viewpoint.”

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.

If one of the world’s leading smartphone makers, Huawei, turns away from Google’s Android operating system (OS), the US tech giant risks losing a huge number of users, Huawei’s CEO has warned. “[Huawei] will always be on the same line of interest, and if we don’t load Google’s system, Google will lose 700-800 million users in the future,” Ren Zhengfei said in an interview to CNBC.The Chinese telecommunications major was blacklisted last month by the Trump administration after Washington accused the company of spying for Beijing. Google, whose Android OS is used in many of Huawei’s phones, was among the American tech companies prohibited from dealing with Huawei.

Huawei said earlier that it is working on its own mobile operating system called Hongmeng and has already filed a trademark. In his interview, the CEO stressed that Hongmeng will allow the company to protect its growth if it is forced to replace Android, which Huawei does not want to do.

A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”

A former Google engineer has released nearly 1,000 pages of documents that he says prove that the company, at least in some of its products, secretly boosts or demotes content based on what it deems to be true or false, while publicly claiming to be a neutral platform. The software engineer, Zach Vorhies, first provided the documents to Project Veritas, a right-leaning investigative journalism nonprofit, as well as the Justice Department’s antitrust division, which has been investigating Google for potentially anti-competitive behavior.

When he returned to work, however, Google sent him a letter demanding, among other things, that he turn over his employee badge and work laptop, which he did, and “cease and desist” from disclosing “any non-public Google files.” Afraid for his safety, he posted on Twitter that if something would happen to him, all the documents he took would be released to the public.Google then did a “wellness check” on him, he said. The San Francisco police received a call that Vorhies may be mentally ill. A group of officers waited for him outside his house and put him in handcuffs. “This is a large way in which they intimidate their employees that go rogue on the company,” he said.Vorhies then decided that it would be safer for him to go public.

One of the goals of the effort was a “clean & regularly sanitized news corpus,” it reads.

Julian Assange, WikiLeaks’ founder, has taken refuge in the Ecuadorean Embassy since 2012. That might end soon. Ecuador may be preparing to extradite WikiLeaks’ founder Julian Assange to the United States, Carlos Poveda, his lawyer warned Thursday. “I believe that [Washington, London and Quito] have reached some agreement and that is exactly why the special protocol [on home rules] was introduced… to accelerate the process of ending his asylum and hand him over to the United Kingdom authorities,” Poveda said Thursday.

The much anticipated iPhone 5G - and the next obvious cash cow for smartphone technology company Apple in its long line of smartphone cash cows - may be put on hold due to spillover effects from the coronavirus. Bank of America put out a note on Friday morning, citing a conversation with an expert on the company's supply chain, that said the product launch may wind up being pushed back.  The expert said that  “the iPhone 5G launch in the fall could see a month of delay.” He also warned that the launch of the iPhone SE2 would be delayed by "a few months" due to supply issues and weaker demand as a result of coronavirus. 

Microsoft is the leading suitor to potentially take over short-form video app TikTok as the Trump administration considers sidelining its Chinese parent company, according to a person familiar with the talks, the latest sign of the administration’s increasingly strident stance on China and its tech companies.President Donald Trump is considering signing an order forcing China’s ByteDance to sell off the U.S. portion of TikTok over national security concerns, according to people familiar with the talks, who spoke on the condition of anonymity because they were not authorized to discuss it publicly. One of the individuals confirmed Microsoft was in the lead to acquire the popular platform’s U.S. service.While the order was originally expected to be signed Friday, it could still fall through, the people warned. The president was also considering other approaches, including designating TikTok under an executive order that allows the president to exclude national security threats from U.S. networks.

If Microsoft does acquire TikTok, it would make it a major rival to Facebook, Google’s YouTube and other tech giants overnight, dramatically reshaping the U.S. social media landscape.

The European Union slapped Meta with a record $1.3 billion privacy fine Monday and ordered it to stop transferring user data across the Atlantic, the latest salvo in a decadelong case sparked by U.S. cybersnooping fears. The penalty fine of 1.2 billion euros from Ireland’s Data Protection Commission is the biggest since the EU’s strict data privacy regime took effect five years ago, surpassing Amazon’s 746 million euro penalty in 2021 for data protection violations. The Irish watchdog is Meta’s lead privacy regulator in the 27-nation bloc because the Silicon Valley tech giant’s European headquarters is based in Dublin. Meta, which had previously warned that services for its users in Europe could be cut off, vowed to appeal and ask courts to immediately put the decision on hold.

Twitter executives deceived federal regulators and the company’s own board of directors about “extreme, egregious deficiencies” in its defenses against hackers, as well as its meager efforts to fight spam, according to an explosive whistleblower complaint from its former security chief.The complaint from former head of security Peiter Zatko, a widely admired hacker known as “Mudge,” depicts Twitter as a chaotic and rudderless company beset by infighting, unable to properly protect its 238 million daily users including government agencies, heads of state and other influential public figures.Among the most serious accusations in the complaint, a copy of which was obtained by The Washington Post, is that Twitter violated the terms of an 11-year-old settlement with the Federal Trade Commission by falsely claiming that it had a solid security plan. Zatko’s complaint alleges he had warned colleagues that half the company’s servers were running out-of-date and vulnerable software and that executives withheld dire facts about the number of breaches and lack of protection for user data, instead presenting directors with rosy charts measuring unimportant changes.The complaint — filed last month with the Securities and Exchange Commission and the Department of Justice, as well as the FTC — says thousands of employees still had wide-ranging and poorly tracked internal access to core company software, a situation that for years had led to embarrassing hacks, including the commandeering of accounts held by such high-profile users as Elon Musk and former presidents Barack Obama and Donald Trump.

As the DoJ and FTC pursue civil antitrust litigation against some of America's largest tech firms, a House Committee has approved legislation to curb the market dominance of many of these same firms, including Google-owner Alphabet and Facebook. However, according to a report from WSJ, the tech firms targeted by the legislation are ramping up their lobbying efforts, precipitating a pitched battle over the legislation in the Senate.At the core of the six-bill raft of legislation is a measure to bar big tech firms from favoring their own products on their platforms. It was approved by the House committee early Thursday by a vote of 24 to 20.The NYT reported that Apple and other tech giants engaged in aggressive lobbying against the six-bill package, with Apple CEO Tim Cook going so far as to call Speaker Nancy Pelosi and other top lawmakers to warn them against supporting the legislation. Per the NYT, the calls from Cook were "part of a forceful and wide-ranging pushback by the tech industry since the proposals were announced this month. Executives, lobbyists, and more than a dozen think tanks and advocacy groups paid by tech companies have swarmed Capitol offices, called and emailed lawmakers and their staff members, and written letters arguing there will be dire consequences for the industry and the country if the ideas become law."

Mirroring the outcome of several EU anti-trust investigations, the legislation, known as the "American Choice and Innovation Online Act," the legislation would prohibit the owners of big platforms (like Amazon's online marketplace) from creating disadvantages for goods and services provided by competitors.

September 29, 2021, Google deleted my YouTube account for “violating community guidelines” they’d implemented that same morning September 28, 2022, I filed a lawsuit against Google, YouTube and Alphabet Inc. for breach of contract. YouTube unilaterally amended the contract without notice, which is a violation of its own terms, and then used this last-minute amendment to remove my content YouTube’s terms of service also include a “three strikes” policy, where users are supposed to be given three warnings and opportunities to remove content that violates the guidelines BEFORE being banned. I had no “strikes” against my channel on the day I was deplatformed and deleted We’re also suing YouTube for unjust enrichment, as for the last 16 years, my video content, having generated in excess of 50 million views, has been of great financial benefit to YouTube, allowing them to increase advertising revenue on the site November 8, 2021, I sued U.S. Sen. Elizabeth Warren, both in her official and personal capacities, for violating my First Amendment rights, as she tried to force Amazon.com to ban my book, “The Truth About COVID-19” September 29, 2021, Google deleted my YouTube account for “violating community guidelines” — guidelines they’d implemented that very same morning. September 28, 2022, I filed a lawsuit1 against Google, YouTube and Alphabet Inc. for breach of contract.2 As detailed in my complaint, YouTube unilaterally amended the contract without notice, which is a violation of its own terms, and then used this last-minute amendment to remove my content, which went back to 2005, the same year YouTube was founded. At the time YouTube deleted my content, I had more than 300,000 subscribers, and my videos had collectively garnered more than 50 million views. While I disagreed with YouTube’s censorship, when its “COVID-19 misinformation” policy was implemented back in April 2021, I carefully avoided posting any content on YouTube that might violate that guideline. In fact, over 16 years on the platform, I never once received notice of any “strike” against my channel for violation of community guidelines.