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Gonzalo San Gil, PhD.

EU Commission Set to Unveil New Anti-Piracy Action Plans | TorrentFreak - 0 views

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    # ! as if they weren't more important issues... # ! ... but let's see 'The Plan'.. # ! "follow the money" is good... # ! ... and let the #culture #thrive... "The EU Commission will next week announce new strategies for dealing with online piracy and counterfeiting. These non-legislative measures will include an EU action plan aimed at fighting IP infringement, plus a strategy to protect and enforce IP rights in third countries. Perhaps unsurprisingly, the aim is to "follow the money"."
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    # ! as if they weren't more important issues... # ! ... but let's see 'The Plan'.. "The EU Commission will next week announce new strategies for dealing with online piracy and counterfeiting. These non-legislative measures will include an EU action plan aimed at fighting IP infringement, plus a strategy to protect and enforce IP rights in third countries. Perhaps unsurprisingly, the aim is to "follow the money"."
Gonzalo San Gil, PhD.

Law Professor Claims Any Internet Company 'Research' On Users Without Review Board Appr... - 1 views

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    "from the you-sure-you-want-to-go-there dept For many years I've been a huge fan of law professor James Grimmelmann. His legal analysis on various issues is often quite valuable, and I've quoted him more than a few times. However, he's now arguing that the now infamous Facebook happiness experiment and the similarly discussed OkCupid "hook you up with someone you should hate" experiments weren't just unethical, but illegal."
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    "from the you-sure-you-want-to-go-there dept For many years I've been a huge fan of law professor James Grimmelmann. His legal analysis on various issues is often quite valuable, and I've quoted him more than a few times. However, he's now arguing that the now infamous Facebook happiness experiment and the similarly discussed OkCupid "hook you up with someone you should hate" experiments weren't just unethical, but illegal."
Gonzalo San Gil, PhD.

LKML: Ima Sheep: Linux 4.0 released - 0 views

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    "Date Sun, 12 Apr 2015 15:41:30 -0700 Subject Linux 4.0 released From Ima Sheep <> So I decided to release 4.0 as per the normal schedule, because there really weren't any known issues, and while I'll be traveling during the end of the upcoming week due to a college visit, I'm hoping that won't affect the merge window very much. We'll see."
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    "Date Sun, 12 Apr 2015 15:41:30 -0700 Subject Linux 4.0 released From Ima Sheep <> So I decided to release 4.0 as per the normal schedule, because there really weren't any known issues, and while I'll be traveling during the end of the upcoming week due to a college visit, I'm hoping that won't affect the merge window very much. We'll see."
Gonzalo San Gil, PhD.

TODAY IS THE DAY TO KILL ACTA - Boing Boing - 2 views

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    [By Cory Doctorow at 3:30 am Saturday, Feb 11 Today is the day of global protest against ACTA, the Anti-Counterfeiting Trade Agreement, a copyright treaty negotiated in secret (even parliaments and other legislatures weren't allowed to see the the working drafts), and which many governments (include the American government) are planning to adopt without legislative approval or debate. ACTA represents a wish-list of legislative gifts to the entertainment industry, and will seriously undermine legitimate users of the Internet. It imposes criminal sanctions -- with jail time -- for people who violate copyright, including remixers and other legitimate artists and creators. ...]
Gonzalo San Gil, PhD.

Universal Music Moves For Summary Judgment Against Grooveshark | TorrentFreak - 0 views

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    "In 2011 it appeared that Grooveshark would be able to claim safe harbor protections on pre-1972 recordings after all when a court ruled in its favor. However, in April 2013 a panel reversed the decision." [# ! All The Music issue is fixed now. # ;) (# ! as if there weren't better thing to to... to spend the money in...)] [# ! how is that a panel reverses decisions two years after ... ?]
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    "In 2011 it appeared that Grooveshark would be able to claim safe harbor protections on pre-1972 recordings after all when a court ruled in its favor. However, in April 2013 a panel reversed the decision." [# ! how is that a panel reverses decisions two years after ... ?]
Gary Edwards

How the Web was almost won ... Tim O'Reilly 1998 | Salon - 0 views

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    The Justice Department's antitrust suit and Judge Jackson's finding of fact have focused on how Microsoft used its operating system dominance to wrest control of the Web browser market from Netscape. Perhaps even more significant is the untold story of Microsoft's attempts to corner the Web server market. As someone whose company competes directly with Microsoft, (we sell a Web server called WebSite that runs on Windows NT, and we are active in promoting Perl, Linux and other open-source technologies), I've been privy to some of the not-so-small details that have guided the course of this recent history. And, it seems to me that if it weren't for the work of a small group of independent open-source software developers, the Justice Department intervention might have come too late not just for Netscape but the Web as a whole.
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&amp;T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
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    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

We finally gave Congress email addresses - Sunlight Foundation Blog - 0 views

  • On OpenCongress, you can now email your representatives and senators just as easily as you would a friend or colleague. We've added a new feature to OpenCongress. It's not flashy. It doesn't use D3 or integrate with social media. But we still think it's pretty cool. You might've already heard of it. Email. This may not sound like a big deal, but it's been a long time coming. A lot of people are surprised to learn that Congress doesn't have publicly available email addresses. It's the number one feature request that we hear from users of our APIs. Until recently, we didn't have a good response. That's because members of Congress typically put their feedback mechanisms behind captchas and zip code requirements. Sometimes these forms break; sometimes their requirements improperly lock out actual constituents. And they always make it harder to email your congressional delegation than it should be.
  • This is a real problem. According to the Congressional Management Foundation, 88% of Capitol Hill staffers agree that electronic messages from constituents influence their bosses' decisions. We think that it's inappropriate to erect technical barriers around such an essential democratic mechanism. Congress itself is addressing the problem. That effort has just entered its second decade, and people are feeling optimistic that a launch to a closed set of partners might be coming soon. But we weren't content to wait. So when the Electronic Frontier Foundation (EFF) approached us about this problem, we were excited to really make some progress. Building on groundwork first done by the Participatory Politics Foundation and more recent work within Sunlight, a network of 150 volunteers collected the data we needed from congressional websites in just two days. That information is now on Github, available to all who want to build the next generation of constituent communication tools. The EFF is already working on some exciting things to that end.
  • But we just wanted to be able to email our representatives like normal people. So now, if you visit a legislator's page on OpenCongress, you'll see an email address in the right-hand sidebar that looks like Sen.Reid@opencongress.org or Rep.Boehner@opencongress.org. You can also email myreps@opencongress.org to email both of your senators and your House representatives at once. The first time we get an email from you, we'll send one back asking for some additional details. This is necessary because our code submits your message by navigating those aforementioned congressional webforms, and we don't want to enter incorrect information. But for emails after the first one, all you'll have to do is click a link that says, "Yes, I meant to send that email."
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  • One more thing: For now, our system will only let you email your own representatives. A lot of people dislike this. We do, too. In an age of increasing polarization, party discipline means that congressional leaders must be accountable to citizens outside their districts. But the unfortunate truth is that Congress typically won't bother reading messages from non-constituents — that's why those zip code requirements exist in the first place. Until that changes, we don't want our users to waste their time. So that's it. If it seems simple, it's because it is. But we think that unbreaking how Congress connects to the Internet is important. You should be able to send a call to action in a tweet, easily forward a listserv message to your representative and interact with your government using the tools you use to interact with everyone else.
Gonzalo San Gil, PhD.

MPAA Demands Extraordinary Measures to Prevent Piracy - TorrentFreak - 1 views

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    " By Andy on August 30, 2015 C: 0 News Companies wishing to process, handle or distribute video content for the MPAA have to go to extraordinary lengths to become accredited by the Hollywood group. From background checks on all personnel and the banning of certain types of clothing, to food restrictions and personal searches, the MPAA hopes to keep content leakage to a minimum."
Gonzalo San Gil, PhD.

Record Biz Wants To Tax Brits For Copying Their Own Music | TorrentFreak - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! For when some exigencies to the recording industry … like diminishing prices and increasing, as much the quality of the works like the respect to the public…?
    • Gonzalo San Gil, PhD.
       
      # ! as if there weren't already enough taxes...
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    [Several music industry organizations in the UK have launched an application for a judicial review after the government passed legislation allowing citizens to copy their own music for personal use. The group says that in order for the system to be fair, the public must pay a new tax. ...] # ! Definitely... # ! ... '#Music #watchmen' -th@se who persecute aficionad@s # ! just for #sharing- are 'watching' for everything BUT The Music... # ! Let's The #sharing #protect -effectively- the #Culture... (# ! perhaps, 'someone' thinks we don't pay enough taxes yet... # ! ...while Billions 'disappear' yearly from the public coffers....)
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    [Several music industry organizations in the UK have launched an application for a judicial review after the government passed legislation allowing citizens to copy their own music for personal use. The group says that in order for the system to be fair, the public must pay a new tax. ...]
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
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