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A contractor working for the National Security Agency (NSA) was arrested by the FBI following his alleged theft of “state secrets.” More specifically, the contractor, Harold Thomas Martin, is charged with stealing highly classified source codes developed to covertly hack the networks of foreign governments, according to several senior law enforcement and intelligence officials. The Justice Department has said that these stolen materials were “critical to national security.” Martin was employed by Booz Allen Hamilton, the company responsible for most of the NSA’s most sensitive cyber-operations. Edward Snowden, the most well-known NSA whistleblower, also worked for Booz Allen Hamilton until he fled to Hong Kong in 2013 where he revealed a trove of documents exposing the massive scope of the NSA dragnet surveillance. That surveillance system was shown to have targeted untold numbers of innocent Americans. According to the New York Times, the theft “raises the embarrassing prospect” that an NSA insider managed to steal highly damaging secret information from the NSA for the second time in three years, not to mention the “Shadow Broker” hack this past August, which made classified NSA hacking tools available to the public.

Snowden himself took to Twitter to comment on the arrest. In a tweet, he said the news of Martin’s arrest “is huge” and asked, “Did the FBI secretly arrest the person behind the reports [that the] NSA sat on huge flaws in US products?” It is currently unknown if Martin was connected to those reports as well.

It also remains to be seen what Martin’s motivations were in removing classified data from the NSA. Though many suspect that he planned to follow in Snowden’s footsteps, the government will more likely argue that he had planned to commit espionage by selling state secrets to “adversaries.” According to the New York Times article on the arrest, Russia, China, Iran, and North Korea are named as examples of the “adversaries” who would have been targeted by the NSA codes that Martin is accused of stealing. However, Snowden revealed widespread US spying on foreign governments including several US allies such as France and Germany. This suggests that the stolen “source codes” were likely utilized on a much broader scale.

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

Chief among the groups seeking to clamp down on independent media has been Google, the massive technology company with deep connections to the U.S. intelligence community, as well as to U.S. government and business elites.

Since 2015, Google has worked to become the Internet’s “Ministry of Truth,” first through its creation of the First Draft Coalition and more recently via major changes made to its search engine that curtail public access to new sites independent of the corporate media.

Google has now stepped up its war on free speech and the freedom of the press through its popular subsidiary, YouTube. On Tuesday, YouTube announced online that it is set to begin censoring content deemed “controversial,” even if that content does not break any laws or violate YouTube’s user agreement. Misleadingly dubbed as an effort “to fight terror content online,” the new program will flag content for review through a mix of machine algorithms and “human review,” guided by standards set up by “expert NGOs and institutions” that are part of YouTube’s “Trusted Flagger” program. YouTube stated that such organizations “bring expert knowledge of complex issues like hate speech, radicalization, and terrorism.” One of the leading institutions directing the course of the Trusted Flagger program is the Anti-Defamation League (ADL). The ADL was initially founded to “stop the defamation of the Jewish people and to secure justice and fair treatment to all” but has gained a reputation over the years for labeling any critic of Israel’s government as an “anti-Semite.” For instance, characterizing Israeli policies towards the Palestinians as “racist” or “apartheid-like” is considered “hate speech” by the ADL, as is accusing Israel of war crimes or attempted ethnic cleansing. The ADL has even described explicitly Jewish organizations who are critical of Israel’s government as being “anti-Semitic.”

Four of the country's largest cellular providers have been selling your real-time location information, allowing a Texas-based prison technology company, Securus, to track any phone "within seconds," without a warrant.  The system uses data sold by AT&T, Sprint, T-Mobile, Verizon and other carriers - who provide it through an intermediary called LocationSmart.  The service can find the whereabouts of almost any cellphone in the country within seconds. It does this by going through a system typically used by marketers and other companies to get location data from major cellphone carriers, including AT&T, Sprint, T-Mobile and Verizon, documents show. -New York Times Last week Sen. Ron Wyden (D-OR) sent a letter to the FCC demanding an investigation into Securus, after the New York Times revealed that former Mississippi County sheriff Cory Hutcheson used the service almost a dozen time to track the phones of other officers, and even targeted a judge. 

he National Security Agency (NSA) collected over 530 million phone records of Americans in 2017—that's three times the amount the spy agency sucked up in 2016. The figures were released Friday in an annual report from the Office of the Director of National Intelligence (ODNI). It shows that the number of "call detail records" the agency collected from telecommunications providers during Trump's first year in office was 534 million, compared to 151 million the year prior. "The intelligence community's transparency has yet to extend to explaining dramatic increases in their collection," said Robyn Greene, policy counsel at the Open Technology Institute. The content of the calls itself is not collected but so-called "metadata," which, as Gizmodo notes, "is supposedly anonymous, but it can easily be used to identify an individual. The information can also be paired with other publicly available information from social media and other sources to paint a surprisingly detailed picture of a person's life." The report also revealed that the agency, using its controversial Section 702 authority, increased the number of foreign targets of warrantless surveillance. It was 129,080 in 2017 compared to 106,469 in 2016. As digital rights group EFF noted earlier this year, Under Section 702, the NSA collects billions of communications, including those belonging to innocent Americans who are not actually targeted. These communications are then placed in databases that other intelligence and law enforcement agencies can access—for purposes unrelated to national security—without a warrant or any judicial review. "Overall," Jake Laperruque, senior counsel at the Project On Government Oversight, said to ZDNet, "the numbers show that the scale of warrantless surveillance is growing at a significant rate, but ODNI still won't tell Americans how much it affects them."

That didn't take long. Securus -- you know, that company that lets cops track phones in real time with what amounts to a "pinky promise," according to US Sen. Ron Wyden -- has reportedly been hacked.The hacker, according to Motherboard, was able to get away with, at a minimum, a spreadsheet containing 2,800 logins and poorly encrypted passwords, some of which had already been cracked. Motherboard says it tested a number of logins to corroborate the hacker's story.Securus on Friday confirmed in a statement that "a subset of certain non-consumer administrative user account information (e.g., usernames, email addresses, and phone numbers) had been unlawfully accessed" and said it's launched an investigation into the breach. It's found no evidence that the breach is related to its location-based services, but it's disabled location-based data in the meantime "in an abundance of caution."Last Thursday, The New York Times revealed that Securus Technologies, which monitors calls to US prison inmates, has been used by a former Missouri sheriff to monitor people's phones and track their location. Wyden has called on federal authorities to investigate the company and its practices as they relate to people's privacy.

The Trump administration is considering the possibility of banning end-to-end encryption, as used by services like Apple’s Messages and FaceTime, as well as competing platforms like WhatsApp and Signal. The topic was reportedly the main topic of a previously-unreported meeting of a National Security Council meeting on Wednesday … NordVPN Politico cites three sources for the story. Senior Trump administration officials met on Wednesday to discuss whether to seek legislation prohibiting tech companies from using forms of encryption that law enforcement can’t break — a provocative step that would reopen a long-running feud between federal authorities and Silicon Valley. The encryption challenge, which the government calls “going dark,” was the focus of a National Security Council meeting Wednesday morning that included the No. 2 officials from several key agencies, according to three people familiar with the matter. The meeting reportedly discussed two options. Senior officials debated whether to ask Congress to effectively outlaw end-to-end encryption, which scrambles data so that only its sender and recipient can read it […] “The two paths were to either put out a statement or a general position on encryption, and [say] that they would continue to work on a solution, or to ask Congress for legislation,” said one of the people. No decision was reached given strongly opposing views within the government.

On a mysterious farm just above the Pacific Ocean, the group who built the internet is inviting a small number of friends to a semi-secret gathering. They describe it as a camp "where diverse people can freely exchange ideas about the technologies, laws, markets, and agreements we need to move forward.” Forward indeed.It wasn’t that long ago that the internet was an open network of computers, blogs, sites, and posts.But then something happened -- and the open web was taken over by private, for-profit, closed networks. Facebook isn’t the web. YouTube isn’t the web. Google isn’t the web. They’re for-profit businesses that are looking to sell audiences to advertisers.Brewster Kahle is one of the early web innovators who built the Internet Archive as a public storehouse to protect the web’s history. Along with web luminaries such as Sir Tim Berners-Lee and Vint Cerf, he is working to protect and rebuild the open nature of the web.advertisementadvertisement“We demonstrated that the web had failed instead of served humanity, as it was supposed to have done,” Berners-Lee told Vanity Fair. The web has “ended up producing -- [through] no deliberate action of the people who designed the platform -- a large-scale emergent phenomenon which is anti-human.”

o, they’re out to fix it, working on what they call the Dweb. The “d” in Dweb stands for distributed. In distributed systems, no one entity has control over the participation of any other entity.Berners-Lee is building a platform called Solid, designed to give people control over their own data. Other global projects also have the goal of taking take back the public web. Mastodon is decentralized Twitter. Peertube is a decentralized alternative to YouTube.This July 18 - 21, web activists plan to convene at the Decentralized Web Summit in San Francisco. Back in 2016, Kahle convened an early group of builders, archivists, policymaker, and journalists. He issued a challenge to  use decentralized technologies to “Lock the Web Open.” It’s hard to imagine he knew then how quickly the web would become a closed network.Last year's Dweb gathering convened more than 900 developers, activists, artists, researchers, lawyers, and students. Kahle opened the gathering by reminding attendees that the web used to be a place where everyone could play. "Today, I no longer feel like a player, I feel like I’m being played. Let’s build a decentralized web, let’s build a system we can depend on, a system that doesn’t feel creepy” he said, according to IEEE Spectrum.With the rising tide of concerns about how social networks have hacked our democracy, Kahle and his Dweb community will gather with increasing urgency around their mission.The internet began with an idealist mission to connect people and information for good. Today's web has yet to achieve that goal, but just maybe Dweb will build an internet more robust and open than the current infrastructure allows. That’s a mission worth fighting for.

The Ninth Circuit reversed the district court's denial of defendant's motion to suppress evidence obtained from warrantless searches of his cell phone by a Customs and Border Patrol official. Applying United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013) (en banc), the panel held that manual cell phone searches may be conducted by border officials without reasonable suspicion but that forensic cell phone searches require reasonable suspicion. The panel clarified Cotterman by holding that "reasonable suspicion" in this context means that officials must reasonably suspect that the cell phone contains digital contraband. Furthermore, cell phone searches at the border, whether manual or forensic, must be limited in scope to a search for digital contraband. In this case, the panel held that the officials violated the Fourth Amendment when their warrantless searches exceeded the permissible scope of a border search. Therefore, most of the evidence from the searches of defendant's cell phone should have been suppressed. Finally, the panel held that defendant's Brady claims were unpersuasive. Because the panel vacated defendant's conviction, the panel did not reach his claim of prosecutorial misconduct.

Attorney General William Barr asks Facebook CEO Mark Zuckerberg to hold off on his plans to encrypt the company’s three messaging services until officials can determine it will not reduce public safety in a letter dated Oct. 4.Barr’s request is backed by officials in the U.K. and Australia. BuzzFeed News first reported the story after obtaining a draft of the open letter on Thursday. The letter, which the DOJ sent to CNBC Thursday, builds on concerns about Facebook’s plans to integrate and encrypt its messaging services across Messenger, Instagram and WhatsApp. A New York Times investigation published Saturday found that encrypted technology helps predators share child pornography online in a way that makes it much harder for law enforcement to track down.

Vowing to take on the telecom giants that have monopolized the web for private profit, Sen. Bernie Sanders on Friday unveiled a $150 billion plan to make the internet a public utility, break up and tightly regulate corporate behemoths like Verizon and AT&T, and provide high-speed broadband for everyone in the United States.

It is outrageous that across the country millions of Americans and so many of our communities do not have access to affordable high-speed internet," Sanders, a 2020 Democratic presidential candidate, said in a statement. "Access to the internet is a necessity in today's economy, and it should be available for all." Sanders vowed that, if elected president in 2020, he will ensure that every American household has affordable and high-speed internet by the end of his first term.

Sanders' plan, posted on his website, would provide $150 billion in federal funding through the Green New Deal to help states and municipalities "build publicly owned and democratically controlled, co-operative, or open access broadband networks." The proposal also calls for: Reinstating the net neutrality protections that President Donald Trump's telecom-friendly FCC repealed in 2017; Using anti-trust laws to break up internet and cable monopolies; Ensuring that all public housing in the U.S. offers free broadband; Requiring all providers to "offer a Basic Internet Plan that provides quality broadband speeds at an affordable price"; and Guaranteeing that all new broadband infrastructure is "resilient to the effects of climate change" and "capable of managing high amounts of renewable energy."

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.

Apparent National Security Agency (NSA) malware has been used in a global cyber-attack, including on British hospitals, in what whistleblower Edward Snowden described as the repercussion of the NSA’s reckless decision to build the tools. “Despite warnings, @NSAGov built dangerous attack tools that could target Western software. Today we see the cost,” Snowden tweeted Friday. At least two hospitals in London were forced to shut down and stop admitting patients after being attacked by the malware, which operates by locking out the user, encrypting data, and demanding a ransom to release it. The attacks hit dozens of other hospitals, ambulance operators, and doctors’ offices as well.

The Blackpool Gazette in the northwest reported that medical staff had resorted to using pen and paper when phone and computer systems shut down. Elsewhere, journalist Ollie Cowan tweeted a photo of ambulances “backed up” at Southport Hospital as the staff attempted to cope with the crisis.

Other disruptions were reported in at least 74 countries, including Russia, Spain, Turkey, and Japan, and the number is “growing fast,” according to Kaspersky Lab chief Costin Raiu. Security architect Kevin Beau said it was spreading into the U.S. as well. The malware, which Microsoft tested briefly earlier this year, was leaked by a group calling itself the Shadow Brokers, which has been releasing NSA hacking tools online since last year, the New York Times reports. Times journalists Dan Bilefsky and Nicole Perlroth wrote: Microsoft rolled out a patch for the vulnerability in March, but hackers apparently took advantage of the fact that vulnerable targets—particularly hospitals—had yet to update their systems. The malware was circulated by email. Targets were sent an encrypted, compressed file that, once loaded, allowed the ransomware to infiltrate its targets. Reuters reported that the National Health Service (NHS), England’s public health system, was warned about possible hacking earlier in the day, but that by then it was already too late.

Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.

In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.

The White House on Wednesday made public for the first time the rules by which the government decides to disclose or keep secret software flaws that can be turned into cyberweapons — whether by U.S. agencies hacking for foreign intelligence, money-hungry criminals or foreign spies seeking to penetrate American computers. The move to publish an un­classified charter responds to years of criticism that the process was unnecessarily opaque, fueling suspicion that it cloaked a stockpile of software flaws that the National Security Agency was hoarding to go after foreign targets but that put Americans’ cyber­security at risk.

The rules are part of the “Vulnerabilities Equities Process,” which the Obama administration revamped in 2014 as a multi­agency forum to debate whether and when to inform companies such as Microsoft and Juniper that the government has discovered or bought a software flaw that, if weaponized, could affect the security of their product. The Trump administration has mostly not altered the rules under which the government reaches a decision but is disclosing its process. Under the VEP, an “equities review board” of at least a dozen national security and civilian agencies will meet monthly — or more often, if a need arises — to discuss newly discovered vulnerabilities. Besides the NSA, the CIA and the FBI, the list includes the Treasury, Commerce and State departments, and the Office of Management and Budget. The priority is on disclosure, the policy states, to protect core Internet systems, the U.S. economy and critical infrastructure, unless there is “a demonstrable, overriding interest” in using the flaw for intelligence or law enforcement purposes. The government has long said that it discloses the vast majority — more than 90 percent — of the vulnerabilities it discovers or buys in products from defense contractors or other sellers. In recent years, that has amounted to more than 100 a year, according to people familiar with the process. But because the process was classified, the National Security Council, which runs the discussion, was never able to reveal any numbers. Now, Joyce said, the number of flaws disclosed and the number retained will be made public in an annual report. A classified version will be sent to Congress, he said.

The Congressional Research Service produced a newly updated report on the subject, suggesting that congressional intervention might be appropriate. “The FCC’s move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC,” the CRS report said, adding that whether Congress would do so “remains to be seen.”  See The Net Neutrality Debate: Access to Broadband Networks, updated November 22, 2017.

Researchers at Yale Privacy Lab and French nonprofit Exodus Privacy have documented the proliferation of tracking software on smartphones, finding that weather, flashlight, rideshare, and dating apps, among others, are infested with dozens of different types of trackers collecting vast amounts of information to better target advertising. Exodus security researchers identified 44 trackers in more than 300 apps for Google’s Android smartphone operating system. The apps, collectively, have been downloaded billions of times. Yale Privacy Lab, within the university’s law school, is working to replicate the Exodus findings and has already released reports on 25 of the trackers. Yale Privacy Lab researchers have only been able to analyze Android apps, but believe many of the trackers also exist on iOS, since companies often distribute for both platforms. To find trackers, the Exodus researchers built a custom auditing platform for Android apps, which searched through the apps for digital “signatures” distilled from known trackers. A signature might be a tell-tale set of keywords or string of bytes found in an app file, or a mathematically-derived “hash” summary of the file itself. The findings underscore the pervasiveness of tracking despite a permissions system on Android that supposedly puts users in control of their own data. They also highlight how a large and varied set of firms are working to enable tracking.

As Silicon Valley censorship radically escalated over the past several months — banning pre-election reporting by The New York Post about the Biden family, denouncing and deleting multiple posts from the U.S. President and then terminating his access altogether, mass-removal of right-wing accounts — so many people migrated to Parler that it was catapulted to the number one spot on the list of most-downloaded apps on the Apple Play Store, the sole and exclusive means which iPhone users have to download apps. “Overall, the app was the 10th most downloaded social media app in 2020 with 8.1 million new installs,” reported TechCrunch.It looked as if Parler had proven critics of Silicon Valley monopolistic power wrong. Their success showed that it was possible after all to create a new social media platform to compete with Facebook, Instagram and Twitter. And they did so by doing exactly what Silicon Valley defenders long insisted should be done: if you don’t like the rules imposed by tech giants, go create your own platform with different rules.

But today, if you want to download, sign up for, or use Parler, you will be unable to do so. That is because three Silicon Valley monopolies — Amazon, Google and Apple — abruptly united to remove Parler from the internet, exactly at the moment when it became the most-downloaded app in the country. If one were looking for evidence to demonstrate that these tech behemoths are, in fact, monopolies that engage in anti-competitive behavior in violation of antitrust laws, and will obliterate any attempt to compete with them in the marketplace, it would be difficult to imagine anything more compelling than how they just used their unconstrained power to utterly destroy a rising competitor.

NSO Group, an Israeli vendor of “lawful” hacking tools designed to infect a target’s phone with spyware, is regarded by many as a bad actor. The group claims to be shocked when its products are misused, as they have been in Mexico, Saudi Arabia and the United Arab Emirates. One incident might be excusable, but the group’s continued enabling of misbehavior has resulted in well-earned enmity. Recently, Facebook struck back. NSO Group deployed a weaponized exploit for Facebook’s WhatsApp messenger, integrated it into its Pegasus malcode system, and offered it to its customers (a mix of legitimate government agencies and nefarious government actors) interested in hacking WhatsApp users beginning in April. This was a particularly powerful exploit because it required no user interaction and the only sign of the exploit a user might discover would be a series of “missed calls” received on the user’s phone. Facebook patched the vulnerability on May 13, blocking the NSO campaign. Facebook wasn’t satisfied with simply closing the vulnerability. In cooperation with CitizenLab, Facebook identified more than 100 incidents in which NSO Group’s WhatsApp exploit appeared to target human rights activists and journalists. In total, Facebook and CitizenLab identified 1,400 targets (which apparently also included government officials in U.S. allied governments). They then filed a federal lawsuit against NSO Group, closed NSO Group member accounts, and, most damaging of all to NSO’s customers, sent a notice to all identified victims alerting them of the attack. This meant that all targets, both dissidents and drug lords alike, were notified of this surveillance. The lawsuit will be a case to watch. Facebook has already revealed a large amount of detail concerning NSO Group’s internal workings, including the hands-on nature of its business model: NSO Group actively assists countries in hacking targets. For example, we now know that while an NSO Group employee may not press the “Enter” key for a target, NSO employees do act to advise and consult on targeting; and NSO Group is largely responsible for running the infrastructure used to exploit targets and manage implants. Expect more revelations like this as the case proceeds.