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Paul Merrell

The People and Tech Behind the Panama Papers - Features - Source: An OpenNews project - 0 views

  • Then we put the data up, but the problem with Solr was it didn’t have a user interface, so we used Project Blacklight, which is open source software normally used by librarians. We used it for the journalists. It’s simple because it allows you to do faceted search—so, for example, you can facet by the folder structure of the leak, by years, by type of file. There were more complex things—it supports queries in regular expressions, so the more advanced users were able to search for documents with a certain pattern of numbers that, for example, passports use. You could also preview and download the documents. ICIJ open-sourced the code of our document processing chain, created by our web developer Matthew Caruana Galizia. We also developed a batch-searching feature. So say you were looking for politicians in your country—you just run it through the system, and you upload your list to Blacklight and you would get a CSV back saying yes, there are matches for these names—not only exact matches, but also matches based on proximity. So you would say “I want Mar Cabra proximity 2” and that would give you “Mar Cabra,” “Mar whatever Cabra,” “Cabra, Mar,”—so that was good, because very quickly journalists were able to see… I have this list of politicians and they are in the data!
  • Last Sunday, April 3, the first stories emerging from the leaked dataset known as the Panama Papers were published by a global partnership of news organizations working in coordination with the International Consortium of Investigative Journalists, or ICIJ. As we begin the second week of reporting on the leak, Iceland’s Prime Minister has been forced to resign, Germany has announced plans to end anonymous corporate ownership, governments around the world launched investigations into wealthy citizens’ participation in tax havens, the Russian government announced that the investigation was an anti-Putin propaganda operation, and the Chinese government banned mentions of the leak in Chinese media. As the ICIJ-led consortium prepares for its second major wave of reporting on the Panama Papers, we spoke with Mar Cabra, editor of ICIJ’s Data & Research unit and lead coordinator of the data analysis and infrastructure work behind the leak. In our conversation, Cabra reveals ICIJ’s years-long effort to build a series of secure communication and analysis platforms in support of genuinely global investigative reporting collaborations.
  • For communication, we have the Global I-Hub, which is a platform based on open source software called Oxwall. Oxwall is a social network, like Facebook, which has a wall when you log in with the latest in your network—it has forum topics, links, you can share files, and you can chat with people in real time.
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  • We had the data in a relational database format in SQL, and thanks to ETL (Extract, Transform, and Load) software Talend, we were able to easily transform the data from SQL to Neo4j (the graph-database format we used). Once the data was transformed, it was just a matter of plugging it into Linkurious, and in a couple of minutes, you have it visualized—in a networked way, so anyone can log in from anywhere in the world. That was another reason we really liked Linkurious and Neo4j—they’re very quick when representing graph data, and the visualizations were easy to understand for everybody. The not-very-tech-savvy reporter could expand the docs like magic, and more technically expert reporters and programmers could use the Neo4j query language, Cypher, to do more complex queries, like show me everybody within two degrees of separation of this person, or show me all the connected dots…
  • We believe in open source technology and try to use it as much as possible. We used Apache Solr for the indexing and Apache Tika for document processing, and it’s great because it processes dozens of different formats and it’s very powerful. Tika interacts with Tesseract, so we did the OCRing on Tesseract. To OCR the images, we created an army of 30–40 temporary servers in Amazon that allowed us to process the documents in parallel and do parallel OCR-ing. If it was very slow, we’d increase the number of servers—if it was going fine, we would decrease because of course those servers have a cost.
  • For the visualization of the Mossack Fonseca internal database, we worked with another tool called Linkurious. It’s not open source, it’s licensed software, but we have an agreement with them, and they allowed us to work with it. It allows you to represent data in graphs. We had a version of Linkurious on our servers, so no one else had the data. It was pretty intuitive—journalists had to click on dots that expanded, basically, and could search the names.
Paul Merrell

In Cryptography, Advances in Program Obfuscation | Simons Foundation - 0 views

  • “A program obfuscator would be a powerful tool for finding plausible constructions for just about any cryptographic task you could conceive of,” said Yuval Ishai, of the Technion in Haifa, Israel. Precisely because of obfuscation’s power, many computer scientists, including Sahai and his colleagues, thought it was impossible. “We were convinced it was too powerful to exist,” he said. Their earliest research findings seemed to confirm this, showing that the most natural form of obfuscation is indeed impossible to achieve for all programs. Then, on July 20, 2013, Sahai and five co-authors posted a paper on the Cryptology ePrint Archive demonstrating a candidate protocol for a kind of obfuscation known as “indistinguishability obfuscation.” Two days later, Sahai and one of his co-authors, Brent Waters, of the University of Texas, Austin, posted a second paper that suggested, together with the first paper, that this somewhat arcane form of obfuscation may possess much of the power cryptographers have dreamed of. “This is the first serious positive result” when it comes to trying to find a universal obfuscator, said Boaz Barak, of Microsoft Research in Cambridge, Mass. “The cryptography community is very excited.” In the six months since the original paper was posted, more papers have appeared on the ePrint archive with “obfuscation” in the title than in the previous 17 years.
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Deutsche Telekom to follow Vodafone in revealing surveillance | World news | The Guardian - 0 views

  • Germany's biggest telecoms company is to follow Vodafone in disclosing for the first time the number of surveillance requests it receives from governments around the world.Deutsche Telekom, which owns half of Britain's EE mobile network and operates in 14 countries including the US, Spain and Poland, has already published surveillance data for its home nation – one of the countries that have reacted most angrily to the Edward Snowden revelations. In the wake of Vodafone's disclosures, first published in the Guardian on Friday, it announced that it would extend its disclosures to every other market where it operates and where it is legal.A spokeswoman for Deutsche Telekom, which has 140 million customers worldwide, said: "Deutsche Telekom has initially focused on Germany when it comes to disclosure of government requests. We are currently checking if and to what extent our national companies can disclose information. We intend to publish something similar to Vodafone."
  • Bosses of the world's biggest mobile networks, many of which have headquarters in Europe, are gathering for an industry conference in Shanghai this weekend, and the debate is expected to centre on whether they should join Deutsche and Vodafone in using transparency to push back against the use of their technology for government surveillance.Mobile companies, unlike social networks, cannot operate without a government-issued licence, and have previously been reluctant to discuss the extent of their cooperation with national security and law enforcement agencies.But Vodafone broke cover on Friday by confirming that in around half a dozen of the markets in which it operates, governments in Europe and outside have installed their own secret listening equipment on its network and those of other operators.
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    Looks like Vodafone broke a government transparency logjam on government surveillance via digital communications, as to disclosure of raw totals of search warrants by nations other than the U.S. 
Paul Merrell

Protocols of the Hackers of Zion? « LobeLog - 0 views

  • When Israeli Prime Minister Benjamin Netanyahu met with Google chairman Eric Schmidt on Tuesday afternoon, he boasted about Israel’s “robust hi-tech and cyber industries.” According to The Jerusalem Post, “Netanyahu also noted that ‘Israel was making great efforts to diversify the markets with which it is trading in the technological field.'” Just how diversified and developed Israeli hi-tech innovation has become was revealed the very next morning, when the Russian cyber-security firm Kaspersky Labs, which claims more than 400 million users internationally, announced that sophisticated spyware with the hallmarks of Israeli origin (although no country was explicitly identified) had targeted three European hotels that had been venues for negotiations over Iran’s nuclear program.
  • Wednesday’s Wall Street Journal, one of the first news sources to break the story, reported that Kaspersky itself had been hacked by malware whose code was remarkably similar to that of a virus attributed to Israel. Code-named “Duqu” because it used the letters DQ in the names of the files it created, the malware had first been detected in 2011. On Thursday, Symantec, another cyber-security firm, announced it too had discovered Duqu 2 on its global network, striking undisclosed telecommunication sites in Europe, North Africa, Hong Kong, and  Southeast Asia. It said that Duqu 2 is much more difficult to detect that its predecessor because it lives exclusively in the memory of the computers it infects, rather than writing files to a drive or disk. The original Duqu shared coding with — and was written on the same platform as — Stuxnet, the computer worm  that partially disabled enrichment centrifuges in Iranian nuclear power plants, according to a 2012 report in The New York Times. Intelligence and military experts said that Stuxnet was first tested at Dimona, a nuclear-reactor complex in the Negev desert that houses Israel’s own clandestine nuclear weapons program. While Stuxnet is widely believed to have been a joint Israeli-U.S. operation, Israel seems to have developed and implemented Duqu on its own.
  • Coding of the spyware that targeted two Swiss hotels and one in Vienna—both sites where talks were held between the P5+1 and Iran—so closely resembled that of Duqu that Kaspersky has dubbed it “Duqu 2.” A Kaspersky report contends that the new and improved Duqu would have been almost impossible to create without access to the original Duqu code. Duqu 2’s one hundred “modules” enabled the cyber attackers to commandeer infected computers, compress video feeds  (including those from hotel surveillance cameras), monitor and disrupt telephone service and Wi-Fi, and steal electronic files. The hackers’ penetration of computers used by the front desk would have allowed them to determine the room numbers of negotiators and delegation members. Duqu 2 also gave the hackers the ability to operate two-way microphones in the hotels’ elevators and control their alarm systems.
Paul Merrell

Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
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  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
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    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
Paul Merrell

With Microsoft Midori, Platforms Take Shape In The Cloud -- Cloud Computing -- Informat... - 0 views

  • Meanwhile a Mountain View, Calif.-based startup called CherryPal just released a new mini-PC, known as the CherryPal, that is designed to operate solely via a Firefox browser. While the new machine, which will run on just 2 watts of power, has an embedded Linux-based OS, it's hidden from the user and is used mainly to boot up the browser to access common applications.
  • Several startups and open-source projects have built cloud-based operating systems, also known as WebTops, such as DesktopTwo, EyeOS, G.ho.st, and YouOS. To date these have mostly been of interest to the open-source development community, but the advent of browser-based "thin clients" like CherryPal and of projects like Midori indicates that fully cloud-based computing could make its way to the masses. Google is also said to be at work on a cloud OS, while a Swedish startup called Xcerion has gained attention for its hybrid, an XML-based system called iCloud.
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Paul Merrell

Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
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  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
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    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
Paul Merrell

The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
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    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
Paul Merrell

Germany Fires Verizon Over NSA Spying - 0 views

  • Germany announced Thursday it is canceling its contract with Verizon Communications over concerns about the role of U.S. telecom corporations in National Security Agency spying. “The links revealed between foreign intelligence agencies and firms after the N.S.A. affair show that the German government needs a high level of security for its essential networks,” declared Germany’s Interior Ministry in a statement released Thursday. The Ministry said it is engaging in a communications overhaul to strengthen privacy protections as part of the process of severing ties with Verizon. The announcement follows revelations, made possible by NSA whistleblower Edward Snowden, that Germany is a prime target of NSA spying. This includes surveillance of German Chancellor Angela Merkel’s mobile phone communications, as well as a vast network of centers that secretly collect information across the country. Yet, many have accused Germany of being complicit in NSA spying, in addition to being targeted by it. The German government has refused to grant Snowden political asylum, despite his contribution to the public record about U.S. spying on Germany.
Paul Merrell

Guest Post: NSA Reform - The Consequences of Failure | Just Security - 0 views

  • In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.
  • The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.
  • Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.
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  • The failure of the Congress and the courts to end the surveillance state, despite the repeated efforts by a huge range of political and public interest actors to effect that change through the political process, is only fueling the growing resistance movement. Federal officials understand this, which is why they are trying—desperately and in the view of some, underhandedly—to shut down this digital resistance movement. This action/reaction cycle is exactly what it appears to be: an escalating conflict between the American public and its government. Without comprehensive surveillance authority reforms (including a journalist “shield law” and ironclad whistleblower protections for Intelligence Community contractors) that are verifiable and enforceable, that conflict will only continue.
Paul Merrell

CISA Security Bill: An F for Security But an A+ for Spying | WIRED - 0 views

  • When the Senate Intelligence Committee passed the Cybersecurity Information Sharing Act by a vote of 14 to 1, committee chairman Senator Richard Burr argued that it successfully balanced security and privacy. Fifteen new amendments to the bill, he said, were designed to protect internet users’ personal information while enabling new ways for companies and federal agencies to coordinate responses to cyberattacks. But critics within the security and privacy communities still have two fundamental problems with the legislation: First, they say, the proposed cybersecurity act won’t actually boost security. And second, the “information sharing” it describes sounds more than ever like a backchannel for surveillance.
  • On Tuesday the bill’s authors released the full, updated text of the CISA legislation passed last week, and critics say the changes have done little to assuage their fears about wanton sharing of Americans’ private data. In fact, legal analysts say the changes actually widen the backdoor leading from private firms to intelligence agencies. “It’s a complete failure to strengthen the privacy protections of the bill,” says Robyn Greene, a policy lawyer for the Open Technology Institute, which joined a coalition of dozens of non-profits and cybersecurity experts criticizing the bill in an open letter earlier this month. “None of the [privacy-related] points we raised in our coalition letter to the committee was effectively addressed.” The central concern of that letter was how the same data sharing meant to bolster cybersecurity for companies and the government opens massive surveillance loopholes. The bill, as worded, lets a private company share with the Department of Homeland Security any information construed as a cybersecurity threat “notwithstanding any other provision of law.” That means CISA trumps privacy laws like the Electronic Communication Privacy Act of 1986 and the Privacy Act of 1974, which restrict eavesdropping and sharing of users’ communications. And once the DHS obtains the information, it would automatically be shared with the NSA, the Department of Defense (including Cyber Command), and the Office of the Director of National Intelligence.
  • In a statement posted to his website yesterday, Senator Burr wrote that “Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes.” But in fact, the bill’s data sharing isn’t limited to cybersecurity “threat indicators”—warnings of incoming hacker attacks, which is the central data CISA is meant to disseminate among companies and three-letter agencies. OTI’s Greene says it also gives companies a mandate to share with the government any data related to imminent terrorist attacks, weapons of mass destruction, or even other information related to violent crimes like robbery and carjacking. 
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  • The latest update to the bill tacks on yet another kind of information, anything related to impending “serious economic harm.” All of those vague terms, Greene argues, widen the pipe of data that companies can send the government, expanding CISA into a surveillance system for the intelligence community and domestic law enforcement. If information-sharing legislation does not include adequate privacy protections, then...It’s a surveillance bill by another name. Senator Ron Wyden
  • “CISA goes far beyond [cybersecurity], and permits law enforcement to use information it receives for investigations and prosecutions of a wide range of crimes involving any level of physical force,” reads the letter from the coalition opposing CISA. “The lack of use limitations creates yet another loophole for law enforcement to conduct backdoor searches on Americans—including searches of digital communications that would otherwise require law enforcement to obtain a warrant based on probable cause. This undermines Fourth Amendment protections and constitutional principles.”
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    I read the legislation. It's as bad for privacy as described in the aritcle. And its drafting is incredibly sloppy.
Paul Merrell

Microsoft Pitches Technology That Can Read Facial Expressions at Political Rallies - 1 views

  • On the 21st floor of a high-rise hotel in Cleveland, in a room full of political operatives, Microsoft’s Research Division was advertising a technology that could read each facial expression in a massive crowd, analyze the emotions, and report back in real time. “You could use this at a Trump rally,” a sales representative told me. At both the Republican and Democratic conventions, Microsoft sponsored event spaces for the news outlet Politico. Politico, in turn, hosted a series of Microsoft-sponsored discussions about the use of data technology in political campaigns. And throughout Politico’s spaces in both Philadelphia and Cleveland, Microsoft advertised an array of products from “Microsoft Cognitive Services,” its artificial intelligence and cloud computing division. At one exhibit, titled “Realtime Crowd Insights,” a small camera scanned the room, while a monitor displayed the captured image. Every five seconds, a new image would appear with data annotated for each face — an assigned serial number, gender, estimated age, and any emotions detected in the facial expression. When I approached, the machine labeled me “b2ff” and correctly identified me as a 23-year-old male.
  • “Realtime Crowd Insights” is an Application Programming Interface (API), or a software tool that connects web applications to Microsoft’s cloud computing services. Through Microsoft’s emotional analysis API — a component of Realtime Crowd Insights — applications send an image to Microsoft’s servers. Microsoft’s servers then analyze the faces and return emotional profiles for each one. In a November blog post, Microsoft said that the emotional analysis could detect “anger, contempt, fear, disgust, happiness, neutral, sadness or surprise.” Microsoft’s sales representatives told me that political campaigns could use the technology to measure the emotional impact of different talking points — and political scientists could use it to study crowd response at rallies.
  • Facial recognition technology — the identification of faces by name — is already widely used in secret by law enforcement, sports stadiums, retail stores, and even churches, despite being of questionable legality. As early as 2002, facial recognition technology was used at the Super Bowl to cross-reference the 100,000 attendees to a database of the faces of known criminals. The technology is controversial enough that in 2013, Google tried to ban the use of facial recognition apps in its Google glass system. But “Realtime Crowd Insights” is not true facial recognition — it could not identify me by name, only as “b2ff.” It did, however, store enough data on each face that it could continuously identify it with the same serial number, even hours later. The display demonstrated that capability by distinguishing between the number of total faces it had seen, and the number of unique serial numbers. Photo: Alex Emmons
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  • Instead, “Realtime Crowd Insights” is an example of facial characterization technology — where computers analyze faces without necessarily identifying them. Facial characterization has many positive applications — it has been tested in the classroom, as a tool for spotting struggling students, and Microsoft has boasted that the tool will even help blind people read the faces around them. But facial characterization can also be used to assemble and store large profiles of information on individuals, even anonymously.
  • Alvaro Bedoya, a professor at Georgetown Law School and expert on privacy and facial recognition, has hailed that code of conduct as evidence that Microsoft is trying to do the right thing. But he pointed out that it leaves a number of questions unanswered — as illustrated in Cleveland and Philadelphia. “It’s interesting that the app being shown at the convention ‘remembered’ the faces of the people who walked by. That would seem to suggest that their faces were being stored and processed without the consent that Microsoft’s policy requires,” Bedoya said. “You have to wonder: What happened to the face templates of the people who walked by that booth? Were they deleted? Or are they still in the system?” Microsoft officials declined to comment on exactly what information is collected on each face and what data is retained or stored, instead referring me to their privacy policy, which does not address the question. Bedoya also pointed out that Microsoft’s marketing did not seem to match the consent policy. “It’s difficult to envision how companies will obtain consent from people in large crowds or rallies.”
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    But nobody is saying that the output of this technology can't be combined with the output of facial recognition technology to let them monitor you individually AND track your emotions. Fortunately, others are fighting back with knowledge and tech to block facial recognition. http://goo.gl/JMQM2W
Paul Merrell

Open Access Can't Wait. Pass FASTR Now. | Electronic Frontier Foundation - 1 views

  • When you pay for federally funded research, you should be allowed to read it. That’s the idea behind the Fair Access to Science and Technology Research Act (S.1701, H.R.3427), which was recently reintroduced in both houses of Congress. FASTR was first introduced in 2013, and while it has strong support in both parties, it has never gained enough momentum to pass. We need to change that. Let’s tell Congress that passing an open access law should be a top priority.
  • Tell Congress: It’s time to move FASTR The proposal is pretty simple: Under FASTR, every federal agency that spends more than $100 million on grants for research would be required to adopt an open access policy. The bill gives each agency flexibility to implement an open access policy suited to the work it funds, so long as research is available to the public after an “embargo period” of a year or less. One of the major points of contention around FASTR is how long that embargo period should be. Last year, the Senate Homeland Security and Governmental Affairs Committee approved FASTR unanimously, but only after extending that embargo period from six months to 12, putting FASTR in line with the 2013 White House open access memo. That’s the version that was recently reintroduced in the Senate.  The House bill, by contrast, sets the embargo period at six months. EFF supports a shorter period. Part of what’s important about open access is that it democratizes knowledge: when research is available to the public, you don’t need expensive journal subscriptions or paid access to academic databases in order to read it. A citizen scientist can use and build on the same body of knowledge as someone with institutional connections. But in the fast-moving world of scientific research, 12 months is an eternity. A shorter embargo is far from a radical proposition, especially in 2017. The landscape for academic publishing is very different from what it was when FASTR was first introduced, thanks in larger part to nongovernmental funders who already enforce open access mandates. Major foundations like Ford, Gates, and Hewlett have adopted strong open access policies requiring that research be not only available to the public, but also licensed to allow republishing and reuse by anyone.
  • Just last year, the Gates Foundation made headlines when it dropped the embargo period from its policy entirely, requiring that research be published openly immediately. After a brief standoff, major publishers began to accommodate Gates’ requirements. As a result, we finally have public confirmation of what we’ve always known: open access mandates don’t put publishers out of business; they push them to modernize their business models. Imagine how a strong open access mandate for government-funded research—with a requirement that that research be licensed openly—could transform publishing. FASTR may not be that law, but it’s a huge step in the right direction, and it’s the best option on the table today. Let’s urge Congress to pass a version of FASTR with an embargo period of six months or less, and then use it as a foundation for stronger open access in the future.
Paul Merrell

USA, USA, USA: America's 4G Network Is Ranked 62nd 'Best' In The World (Behind Macedoni... - 0 views

  • The United States takes pride in being a technological leader in the world. Companies such as Apple, Alphabet, IBM, Amazon and Microsoft have shaped our (digital) lives for many years and there is little indication of that changing anytime soon. But, as Statista's Felix Richter notes, when it comes to IT infrastructure however, the U.S. is lagging behind the world’s best (and many of its not-so-best), be it in terms of home broadband or wireless broadband speeds. According to OpenSignal's latest State of LTE report, the average 4G download speed in the United States was 16.31 Mbps in Q4 2017.
  • The United States takes pride in being a technological leader in the world. Companies such as Apple, Alphabet, IBM, Amazon and Microsoft have shaped our (digital) lives for many years and there is little indication of that changing anytime soon. But, as Statista's Felix Richter notes, when it comes to IT infrastructure however, the U.S. is lagging behind the world’s best (and many of its not-so-best), be it in terms of home broadband or wireless broadband speeds. According to OpenSignal's latest State of LTE report, the average 4G download speed in the United States was 16.31 Mbps in Q4 2017.
  • The United States takes pride in being a technological leader in the world. Companies such as Apple, Alphabet, IBM, Amazon and Microsoft have shaped our (digital) lives for many years and there is little indication of that changing anytime soon. But, as Statista's Felix Richter notes, when it comes to IT infrastructure however, the U.S. is lagging behind the world’s best (and many of its not-so-best), be it in terms of home broadband or wireless broadband speeds. According to OpenSignal's latest State of LTE report, the average 4G download speed in the United States was 16.31 Mbps in Q4 2017.
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  • That’s little more than a third of the speed that mobile device users in Singapore enjoy and ranks the U.S. at a disappointing 62nd place in the global ranking.
  • While U.S. mobile networks appear to lack in speed, they are on par with the best in terms of 4G availability. According to OpenSignal's findings, LTE was available to U.S. smartphone users 90 percent of the time, putting the United States in fifth place.
Paul Merrell

How a "location API" allows cops to figure out where we all are in real time | Ars Tech... - 0 views

  • The digital privacy world was rocked late Thursday evening when The New York Times reported on Securus, a prison telecom company that has a service enabling law enforcement officers to locate most American cell phones within seconds. The company does this via a basic Web interface leveraging a location API—creating a way to effectively access a massive real-time database of cell-site records. Securus’ location ability relies on other data brokers and location aggregators that obtain that information directly from mobile providers, usually for the purposes of providing some commercial service like an opt-in product discount triggered by being near a certain location. ("You’re near a Carl’s Jr.! Stop in now for a free order of fries with purchase!") The Texas-based Securus reportedly gets its data from 3CInteractive, which in turn buys data from LocationSmart. Ars reached 3CInteractive's general counsel, Scott Elk, who referred us to a spokesperson. The spokesperson did not immediately respond to our query. But currently, anyone can get a sense of the power of a location API by trying out a demo from LocationSmart itself. Currently, the Supreme Court is set to rule on the case of Carpenter v. United States, which asks whether police can obtain more than 120 days' worth of cell-site location information of a criminal suspect without a warrant. In that case, as is common in many investigations, law enforcement presented a cell provider with a court order to obtain such historical data. But the ability to obtain real-time location data that Securus reportedly offers skips that entire process, and it's potentially far more invasive. Securus’ location service as used by law enforcement is also currently being scrutinized. The service is at the heart of an ongoing federal prosecution of a former Missouri sheriff’s deputy who allegedly used it at least 11 times against a judge and other law enforcement officers. On Friday, Sen. Ron Wyden (D-Ore.) publicly released his formal letters to AT&T and also to the Federal Communications Commission demanding detailed answers regarding these Securus revelations.
Paul Merrell

48 States Investigating Whether Google's Dominance Hurts Competition : NPR - 1 views

  • State attorneys general of 48 states, Puerto Rico and the District of Columbia announced a major probe Monday into Google's dominance in search and advertising for practices that harm competition as well as consumers. Texas Attorney General Ken Paxton is leading the bipartisan pack.
  • The investigation includes all the states, except for California and Alabama.
  • Google has the power to put a user on page 1 or 100. European regulators have charged Google with abusing that power and, following years-long investigations, they issued multi-billion-dollar fines. The tech giant, along with Facebook, controls nearly 60% of all digital advertising, according to eMarketer. A wide range of businesses that must publicize their services — be it a hair stylist, a hospital or a Fortune 500 company — must abide by the terms and prices set by two companies. But, as eMarketer notes, the duopoly's control is diminishing as Amazon grows.
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  • Last week Google disclosed that, in addition to state-level government action, the Justice Department has asked the company to hand over documents.
  • Led by New York, attorneys general from eight states and the District of Columbia announced a probe into Facebook as well.
Paul Merrell

Time to 'Break Facebook Up,' Sanders Says After Leaked Docs Show Social Media Giant 'Tr... - 0 views

  • After NBC News on Wednesday published a trove of leaked documents that show how Facebook "treated user data as a bargaining chip with external app developers," White House hopeful Sen. Bernie Sanders declared that it is time "to break Facebook up."
  • When British investigative journalist Duncan Campbell first shared the trove of documents with a handful of media outlets including NBC News in April, journalists Olivia Solon and Cyrus Farivar reported that "Facebook CEO Mark Zuckerberg oversaw plans to consolidate the social network's power and control competitors by treating its users' data as a bargaining chip, while publicly proclaiming to be protecting that data." With the publication Wednesday of nearly 7,000 pages of records—which include internal Facebook emails, web chats, notes, presentations, and spreadsheets—journalists and the public can now have a closer look at exactly how the company was using the vast amount of data it collects when it came to bargaining with third parties.
  • According to Solon and Farivar of NBC: Taken together, they show how Zuckerberg, along with his board and management team, found ways to tap Facebook users' data—including information about friends, relationships, and photos—as leverage over the companies it partnered with. In some cases, Facebook would reward partners by giving them preferential access to certain types of user data while denying the same access to rival companies. For example, Facebook gave Amazon special access to user data because it was spending money on Facebook advertising. In another case the messaging app MessageMe was cut off from access to data because it had grown too popular and could compete with Facebook.
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  • The document dump comes as Facebook and Zuckerberg are facing widespread criticism over the company's political advertising policy, which allows candidates for elected office to lie in the ads they pay to circulate on the platform. It also comes as 47 state attorneys general, led by Letitia James of New York, are investigating the social media giant for antitrust violations.
  • The call from Sanders (I-Vt.) Wednesday to break up Facebook follows similar but less definitive statements from the senator. One of Sanders' rivals in the 2020 Democratic presidential primary race, Sen. Elizabeth Warren (D-Mass.), released her plan to "Break Up Big Tech" in March. Zuckerberg is among the opponents of Warren's proposal, which also targets other major technology companies like Amazon and Google.
Paul Merrell

'You Betrayed Us' Billboards Targeting Anti-Privacy Lawmakers Erected - 0 views

  • Billboards targeting legislators who voted to end online privacy measures earlier this year have gone up in key districts, as promised by activists. Digital rights group Fight for the Future vowed to put up the ads against Reps. Marsha Blackburn (R-Tenn.) and John Rutherford (R-Fla.), Sens. Jeff Flake (R-Ariz.) and Dean Heller (R-Nev.), as well as other lawmakers after they voted in favor of a resolution, introduced by Flake, that overturned federal rules preventing broadband providers from selling user data to third parties without consent. Blackburn, Rutherford, Flake, and Heller took large contributions from the telecommunications industry before supporting the resolution, Fight for the Future said. The billboards—paid for through a crowdfunded campaign—encourage viewers to contact the lawmakers’ offices and ask why they voted against their constituents’ privacy rights.
  • Flake’s resolution was introduced under the Congressional Review Act (CRA), which gives lawmakers the authority to overturn recently-introduced agency rules with a simple majority. The Federal Communications Commission (FCC) implemented the data-sharing ban in October. Once a rule is repealed under the CRA, an agency cannot reintroduce it without specific authorization by a new law.
Paul Merrell

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

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