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Antitrust Week Continues: EU Slams Intel With $1.45b Fine - Law Blog - WSJ - 0 views

  • Most likely, we grant you, it was coincidence. But we couldn’t help notice the timing: Two days after the DOJ’s new antitrust head, Christine Varney, publicly repudiates her predecessors by pledging to ramp up enforcement on so-called “single-firm” monopolistic behavior, the European Union takes a sledgehammer to Intel Corp., fining it $1.45 billion for alleged monopolistic activity. The fine is the largest ever assessed for monopoly abuse. Click here for the WSJ story, from Charles Forelle; here for the NYT story; here for the NYT story; here for the FT story; here for the Commission’s statement; here for Intel’s response.
    • Paul Merrell
       
      See my earlier Diigo bookmark quoting the DG Competition statement that it had coordinated with the U.S. Justice Dept. in its simultaneous and ongoing investigation of INtel.
  • John Pheasant, an antitrust practitioner at Hogan & Hartson in London and Brussels, told the Law Blog that some of the evidence does “not look very good for Intel,” adding that “if the facts are there, this type of conduct is more likely to be regarded as abusive if practiced by a dominant company. . . .”
  • On Varney’s statement from earlier this week, Kroes said the Justice Department’s stance gave her a “huge positive feeling. The more competition authorities joining us in our competition philosophy, the better it is.”
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Rapid - Press Releases - EUROPA - 0 views

  • The Commission has found that Intel excluded its competitor in two ways: through illegal loyalty rebates by paying manufacturers and retailers to restrict the commercialisation of competitors' products.These illegal actions were designed to preserve Intel's market share at a time when their only significant rival - AMD - was a growing threat to Intel's position. This threat was widely recognised by both computer manufacturers and in Intel's own internal documents seen by the Commission. The computer manufacturers involved are Acer, Dell, HP, Lenovo and NEC. The retailer involved is Media Saturn Holdings, the parent company of Media Markt.
  • Naturally, the Commission favours strong, vigorous price competition, including by dominant firms. However, Intel went beyond normal price competition by giving rebates to computer manufacturers on the condition that they bought all, or almost all, of their CPUs from Intel. Intel also made direct payments to a major retailer – Media Markt - on the condition that it stocked only computers with Intel CPUs.
  • Just to give you one example: in one case, a computer manufacturer took up only a small part of an offer by AMD of free CPUs because acceptance of all the free CPUs offered would have led that computer manufacturer to breach the conditions of its agreement with Intel and to lose rebates on all its much more numerous Intel purchases.
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  • Intel made direct payments to computer manufacturers to halt or delay the launch of products using their rival's chips, and to limit their distribution once available. The Commission has specific, documented examples, of Intel paying other manufacturers to, for example, delay the launch of an AMD-based PC by six months, and to restrict the sales of AMD-based products to certain customers.
  • The Commission Decision contains evidence that Intel went to great lengths to cover-up many of its anti-competitive actions. Many of the conditions mentioned above were not to be found in Intel’s official contracts. However, the Commission was able to gather a broad range of evidence demonstrating Intel's illegal conduct through statements from companies, on-site inspections, and formal requests for information.
  • Finally, I would like to draw your attention to Intel's latest global advertising campaign which proposes Intel as the "Sponsors of Tomorrow." Their website invites visitors to add their 'vision of tomorrow'. Well, I can give my vision of tomorrow for Intel here and now: "obey the law".
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NSA contractors use LinkedIn profiles to cash in on national security | Al Jazeera America - 0 views

  • NSA spies need jobs, too. And that is why many covert programs could be hiding in plain sight. Job websites such as LinkedIn and Indeed.com contain hundreds of profiles that reference classified NSA efforts, posted by everyone from career government employees to low-level IT workers who served in Iraq or Afghanistan. They offer a rare glimpse into the intelligence community's projects and how they operate. Now some researchers are using the same kinds of big-data tools employed by the NSA to scrape public LinkedIn profiles for classified programs. But the presence of so much classified information in public view raises serious concerns about security — and about the intelligence industry as a whole. “I’ve spent the past couple of years searching LinkedIn profiles for NSA programs,” said Christopher Soghoian, the principal technologist with the American Civil Liberties Union’s Speech, Privacy and Technology Project.
  • On Aug. 3, The Wall Street Journal published a story about the FBI’s growing use of hacking to monitor suspects, based on information Soghoian provided. The next day, Soghoian spoke at the Defcon hacking conference about how he uncovered the existence of the FBI’s hacking team, known as the Remote Operations Unit (ROU), using the LinkedIn profiles of two employees at James Bimen Associates, with which the FBI contracts for hacking operations. “Had it not been for the sloppy actions of a few contractors updating their LinkedIn profiles, we would have never known about this,” Soghoian said in his Defcon talk. Those two contractors were not the only ones being sloppy.
  • And there are many more. A quick search of Indeed.com using three code names unlikely to return false positives — Dishfire, XKeyscore and Pinwale — turned up 323 résumés. The same search on LinkedIn turned up 48 profiles mentioning Dishfire, 18 mentioning XKeyscore and 74 mentioning Pinwale. Almost all these people appear to work in the intelligence industry. Network-mapping the data Fabio Pietrosanti of the Hermes Center for Transparency and Digital Human Rights noticed all the code names on LinkedIn last December. While sitting with M.C. McGrath at the Chaos Communication Congress in Hamburg, Germany, Pietrosanti began searching the website for classified program names — and getting serious results. McGrath was already developing Transparency Toolkit, a Web application for investigative research, and knew he could improve on Pietrosanti’s off-the-cuff methods.
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  • “I was, like, huh, maybe there’s more we can do with this — actually get a list of all these profiles that have these results and use that to analyze the structure of which companies are helping with which programs, which people are helping with which programs, try to figure out in what capacity, and learn more about things that we might not know about,” McGrath said. He set up a computer program called a scraper to search LinkedIn for public profiles that mention known NSA programs, contractors or jargon — such as SIGINT, the agency’s term for “signals intelligence” gleaned from intercepted communications. Once the scraper found the name of an NSA program, it searched nearby for other words in all caps. That allowed McGrath to find the names of unknown programs, too. Once McGrath had the raw data — thousands of profiles in all, with 70 to 80 different program names — he created a network graph that showed the relationships between specific government agencies, contractors and intelligence programs. Of course, the data are limited to what people are posting on their LinkedIn profiles. Still, the network graph gives a sense of which contractors work on several NSA programs, which ones work on just one or two, and even which programs military units in Iraq and Afghanistan are using. And that is just the beginning.
  • Click on the image to view an interactive network illustration of the relationships between specific national security surveillance programs in red, and government organizations or private contractors in blue.
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    What a giggle, public spying on NSA and its contractors using Big Data. The interactive network graph with its sidebar display of relevant data derived from LinkedIn profiles is just too delightful. 
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An Important Kindle request - 0 views

  • A Message from the Amazon Books Team Dear Readers, Just ahead of World War II, there was a radical invention that shook the foundations of book publishing. It was the paperback book. This was a time when movie tickets cost 10 or 20 cents, and books cost $2.50. The new paperback cost 25 cents — it was ten times cheaper. Readers loved the paperback and millions of copies were sold in just the first year. With it being so inexpensive and with so many more people able to afford to buy and read books, you would think the literary establishment of the day would have celebrated the invention of the paperback, yes? Nope. Instead, they dug in and circled the wagons. They believed low cost paperbacks would destroy literary culture and harm the industry (not to mention their own bank accounts). Many bookstores refused to stock them, and the early paperback publishers had to use unconventional methods of distribution — places like newsstands and drugstores. The famous author George Orwell came out publicly and said about the new paperback format, if "publishers had any sense, they would combine against them and suppress them." Yes, George Orwell was suggesting collusion. Well… history doesn't repeat itself, but it does rhyme.
  • Fast forward to today, and it's the e-book's turn to be opposed by the literary establishment. Amazon and Hachette — a big US publisher and part of a $10 billion media conglomerate — are in the middle of a business dispute about e-books. We want lower e-book prices. Hachette does not. Many e-books are being released at $14.99 and even $19.99. That is unjustifiably high for an e-book. With an e-book, there's no printing, no over-printing, no need to forecast, no returns, no lost sales due to out of stock, no warehousing costs, no transportation costs, and there is no secondary market — e-books cannot be resold as used books. E-books can and should be less expensive. Perhaps channeling Orwell's decades old suggestion, Hachette has already been caught illegally colluding with its competitors to raise e-book prices. So far those parties have paid $166 million in penalties and restitution. Colluding with its competitors to raise prices wasn't only illegal, it was also highly disrespectful to Hachette's readers. The fact is many established incumbents in the industry have taken the position that lower e-book prices will "devalue books" and hurt "Arts and Letters." They're wrong. Just as paperbacks did not destroy book culture despite being ten times cheaper, neither will e-books. On the contrary, paperbacks ended up rejuvenating the book industry and making it stronger. The same will happen with e-books.
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European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
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  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
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    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
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WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
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Facebook and Corporate "Friends" Threat Exchange? | nsnbc international - 0 views

  • Facebook teamed up with several corporate “friends” to adapt Facebook’s in-house software to identify cyber threats and their source with other corporations. Countering cyber threats sounds positive while there are serious questions about transparency when smaller, independent media fall victim to major corporation’s unwillingness to reveal the source of attacks resulted in websites being closed for hours or days. Transparency, yes, but for whom? Among the companies Facebook is teaming up with are Printerest, Tumblr, Twitter, Yahoo, Drpbox and Bit.ly, reports Susanne Posel at Occupy Corporatism. The stated goal of “Threat Exchange” is to locate malware, the source domains, the IP addresses which are involved as well as the nature of the malware itself.
  • While the platform may be useful for major corporations, who can afford buying the privilege to join the club, the initiative does little to nothing to protect smaller, independent media from being targeted with impunity. The development prompts the question “Cyber security for whom?” The question is especially pertinent because identifying a site as containing malware, whether it is correct or not, will result in the site being added to Google’s so-called “Safe Browsing List”.
  • An article written by nsnbc editor-in-chief Christof Lehmann entitled “Censorship Alert: The Alternative Media are getting harassed by the NSA” provides several examples which raise serious questions about the lack of transparency when independent media demand information about either real or alleged malware content on their media’s websites. An alleged malware content in a java script that had been inserted via the third-party advertising company MadAdsMedia resulted in the nsnbc website being closed down and added to Google’s Safe Browsing list. The response to nsnbc’s request to send detailed information about the alleged malware and most importantly, about the source, was rejected. MadAdsMedia’s response to a renewed request was to stop serving advertisements to nsnbc from one day to the other, stating that nsnbc could contact another company, YieldSelect, which is run by the same company. Shell Games? SiteLock, who partners with most western-based web hosting providers, including BlueHost, Hostgator and many others contacted nsnbc warning about an alleged malware threat. SiteLock refused to provide detailed information.
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  • BlueHost refused to help the International Middle East Media Center (IMEMC)  during a Denial of Service DoS attack. Asked for help, BlueHost reportedly said that they should deal with the issue themselves, which was impossible without BlueHost’s cooperation. The news agency’s website was down for days because BlueHost reportedly just shut down IMEMC’s server and told the editor-in-chief, Saed Bannoura to “go somewhere else”. The question is whether “transparency” can be the privilege of major corporations or whether there is need for legislation that forces all corporations to provide detailed information that enables media and other internet users to pursue real or alleged malware threats, cyber attacks and so forth, criminally and legally. That is, also when the alleged or real threat involves major corporations.
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How the US could block the Comcast/Time Warner Cable merger | Ars Technica - 0 views

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    "Comcast's $45.2 billion acquisition of Time Warner Cable (TWC) is expected to be thoroughly scrutinized by the Department of Justice (DOJ) and Federal Communications Commission (FCC), and it could be blocked if the agencies decide the merger would significantly reduce competition and harm consumers"
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    "Comcast's $45.2 billion acquisition of Time Warner Cable (TWC) is expected to be thoroughly scrutinized by the Department of Justice (DOJ) and Federal Communications Commission (FCC), and it could be blocked if the agencies decide the merger would significantly reduce competition and harm consumers"
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Excite News - EU files antitrust charges against Google - 0 views

  • BRUSSELS (AP) — The European Union's competition chief is filing an antitrust complaint alleging Google has been abusing its dominance in Internet searches and is opening a probe into its Android mobile system.EU Competition Commissioner Margrethe Vestager said Wednesday she is "concerned that the company has given an unfair advantage to its own comparison shopping service."Vestager said the separate antitrust probe into Android will investigate whether the Internet giant relies on anti-competitive deals and abuses its dominant position in Europe's mobile market.Vestager said her chief goal was to make sure multinationals "do not artificially deny European consumers as wide a choice as possible or stifle innovation".Google's general counsel Kent Walker wrote late Tuesday that a "statement of objections" to Google's business practices was to be released by Vestager Wednesday.
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Free At Last: New DMCA Rules Might Make the Web a Better Place | nsnbc international - 0 views

  • David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.
  • Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”
  • Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.
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  • Another positive from the change is that smartphone users will be able to jailbreak their phone and finally enjoy running operating systems and applications from any source, not just those approved by the manufacturer. And finally, those who remix excerpts from DVDs, Blu – Ray discs or downloading services will be allowed to mix the material into theirs without violating the DMCA.
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Yes, the NSA Worried About Whether Spying Would Backfire | WIRED - 1 views

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    ""For all the time I worked on all of these issues, this was a constant discussion," Olsen says. "How do we calibrate what we're trying to do for the country with how to protect civil liberties and privacy?""
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    NSA can't credibly claim surprise at how people reacted to the Snowden disclosures. NSA's spying on U.S. citizens was first uncovered by the Senate's Church Committee in about 1976. Congress enacted legslation unequivocally telling NSA and the Defense Department that spying on Americans was not to happen again (and that the CIA was to immediately cease spying within the territorial boundaries of the U.S.). Then came the Total Information Awareness scandal, when Congress discovered that DoD was right back at it again, this time operating from under the cover of the Defense Advanced Research Projects Agency. Congress responded by abolishing the program and eliminating the job position of its director, former Admiral John Poindexter of Iran/Contra scandal fame. But rather than complying with the abolition order, most of the TIA program's staff, hardware, software, and data was simply transferred to NSA. NSA, of course, persuaded the Justice Department to secretly reinterpret key provisions of the Patriot Act more broadly than a First Grade preschooler would allow to continue spying on U.S. citizens. Indeed, anyone whose college education included the assignment to read and discuss George Orwell's 1984 would have known that NSA's program had drastically outgrown the limits of what a free society would tolerate. So this is really about deliberate defiance of the limits established by the Constitution and Congressional enactments, not about anything even remotely legal or morally acceptable. The fact that Congress did not react strongly after the Snowden disclosures, as it had after the Church Committee's report and discovery of the TIA program raises a strong suspicion that members of Congress have been blackmailed into submission using information about them gathered via NSA surveillance. We know from whistleblowers Edward Snowden and Russell Tice that members of Congress were surveilled by NSA, yet not even that violation has been taken up by Congress. Instead
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Moscow tells Twitter to store Russian users' data in the country - 0 views

  • Moscow has warned Twitter that it must store Russian users' personal data in Russia, under a new law, the national communications watchdog told AFP on Wednesday. Legislation that came into force on September 1 requires both Russian and foreign social media sites, messenger services and search engines to store the data held on Russian users on servers located inside the country. The controversial law was adopted amid Internet users' growing concerns about the storage of their data, but also as Russia has moved to tighten security on social media and online news sites that are crucial outlets for the political opposition. Non-compliance could lead Russia's communications watchdog Roskomnadzor to block the sites and services. Roskomnadzor spokesman Vadim Ampelonsky confirmed to AFP that Russia had changed its initial position on US-based Twitter, which it had previously said did not fall under the law. Twitter must comply because it now asks users to supply their personal data, Ampelonsky said, confirming earlier comments by the head of Roskomnadzor Alexander Zharov to Russian media.
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European Parliament Urges Protection for Edward Snowden - The New York Times - 0 views

  • The European Parliament narrowly adopted a nonbinding but nonetheless forceful resolution on Thursday urging the 28 nations of the European Union to recognize Edward J. Snowden as a “whistle-blower and international human rights defender” and shield him from prosecution.On Twitter, Mr. Snowden, the former National Security Agency contractor who leaked millions of documents about electronic surveillance by the United States government, called the vote a “game-changer.” But the resolution has no legal force and limited practical effect for Mr. Snowden, who is living in Russia on a three-year residency permit.Whether to grant Mr. Snowden asylum remains a decision for the individual European governments, and none have done so thus far. Continue reading the main story Related Coverage Open Source: Now Following the N.S.A. on Twitter, @SnowdenSEPT. 29, 2015 Snowden Sees Some Victories, From a DistanceMAY 19, 2015 Still, the resolution was the strongest statement of support seen for Mr. Snowden from the European Parliament. At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States.
  • The resolution calls on European Union members to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties.”In June 2013, shortly after Mr. Snowden’s leaks became public, the United States charged him with theft of government property and violations of the Espionage Act of 1917. By then, he had flown to Moscow, where he spent weeks in legal limbo before he was granted temporary asylum and, later, a residency permit.Four Latin American nations have offered him permanent asylum, but he does not believe he could travel from Russia to those countries without running the risk of arrest and extradition to the United States along the way.
  • The White House, which has used diplomatic efforts to discourage even symbolic resolutions of support for Mr. Snowden, immediately criticized the resolution.“Our position has not changed,” said Ned Price, a spokesman for the National Security Council in Washington.“Mr. Snowden is accused of leaking classified information and faces felony charges here in the United States. As such, he should be returned to the U.S. as soon as possible, where he will be accorded full due process.”Jan Philipp Albrecht, one of the lawmakers who sponsored the resolution in Europe, said it should increase pressure on national governments.
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  • “It’s the first time a Parliament votes to ask for this to be done — and it’s the European Parliament,” Mr. Albrecht, a German lawmaker with the Greens political bloc, said in a phone interview shortly after the vote, which was held in Strasbourg, France. “So this has an impact surely on the debate in the member states.”The resolution “is asking or demanding the member states’ governments to end all the charges and to prevent any extradition to a third party,” Mr. Albrecht said. “That’s a very clear call, and that can’t be just ignored by the governments,” he said.
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Google Is Constantly Tracking, Even If You Turn Off Device 'Location History' | Zero Hedge - 1 views

  • In but the latest in a continuing saga of big tech tracking and surveillance stories which should serve to convince us all we are living in the beginning phases of a Minority Report style tracking and pansophical "pre-crime" system, it's now confirmed that the world's most powerful tech company and search tool will always find a way to keep your location data. The Associated Press sought the help of Princeton researchers to prove that while Google is clear and upfront about giving App users the ability to turn off or "pause" Location History on their devices, there are other hidden means through which it retains the data.
  • According to the AP report: Google says that will prevent the company from remembering where you’ve been. Google’s support page on the subject states: “You can turn off Location History at any time. With Location History off, the places you go are no longer stored.” That isn’t true. Even with Location History paused, some Google apps automatically store time-stamped location data without asking. For example, Google stores a snapshot of where you are when you merely open its Maps app. Automatic daily weather updates on Android phones pinpoint roughly where you are. And some searches that have nothing to do with location, like “chocolate chip cookies,” or “kids science kits,” pinpoint your precise latitude and longitude — accurate to the square foot — and save it to your Google account. The issue directly affects around two billion people using Google's Android operating software and iPhone users relying on Google maps or a simple search. Among the computer science researchers at Princeton conducting the tests is Jonathan Mayer, who told the AP, “If you’re going to allow users to turn off something called ‘Location History,’ then all the places where you maintain location history should be turned off,” and added, “That seems like a pretty straightforward position to have.”
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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
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Sick Of Facebook? Read This. - 2 views

  • In 2012, The Guardian reported on Facebook’s arbitrary and ridiculous nudity and violence guidelines which allow images of crushed limbs but – dear god spare us the image of a woman breastfeeding. Still, people stayed – and Facebook grew. In 2014, Facebook admitted to mind control games via positive or negative emotional content tests on unknowing and unwilling platform users. Still, people stayed – and Facebook grew. Following the 2016 election, Facebook responded to the Harpie shrieks from the corporate Democrats bysetting up a so-called “fake news” task force to weed out those dastardly commies (or socialists or anarchists or leftists or libertarians or dissidents or…). And since then, I’ve watched my reach on Facebook drain like water in a bathtub – hard to notice at first and then a spastic swirl while people bicker about how to plug the drain. And still, we stayed – and the censorship tightened. Roughly a year ago, my show Act Out! reported on both the censorship we were experiencing but also the cramped filter bubbling that Facebook employs in order to keep the undesirables out of everyone’s news feed. Still, I stayed – and the censorship tightened. 2017 into 2018 saw more and more activist organizers, particularly black and brown, thrown into Facebook jail for questioning systemic violence and demanding better. In August, puss bag ass hat in a human suit Alex Jones was banned from Facebook – YouTube, Apple and Twitter followed suit shortly thereafter. Some folks celebrated. Some others of us skipped the party because we could feel what was coming.
  • On Thursday, October 11th of this year, Facebook purged more than 800 pages including The Anti-Media, Police the Police, Free Thought Project and many other social justice and alternative media pages. Their explanation rested on the painfully flimsy foundation of “inauthentic behavior.” Meanwhile, their fake-news checking team is stacked with the likes of the Atlantic Council and the Weekly Standard, neocon junk organizations that peddle such drivel as “The Character Assassination of Brett Kavanaugh.” Soon after, on the Monday before the Midterm elections, Facebook blocked another 115 accounts citing once again, “inauthentic behavior.” Then, in mid November, a massive New York Times piece chronicled Facebook’s long road to not only save its image amid rising authoritarian behavior, but “to discredit activist protesters, in part by linking them to the liberal financier George Soros.” (I consistently find myself waiting for those Soros and Putin checks in the mail that just never appear.)
  • What we need is an open source, non-surveillance platform. And right now, that platform is Minds. Before you ask, I’m not being paid to write that.
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  • Fashioned as an alternative to the closed and creepy Facebook behemoth, Minds advertises itself as “an open source and decentralized social network for Internet freedom.” Minds prides itself on being hands-off with regards to any content that falls in line with what’s permitted by law, which has elicited critiques from some on the left who say Minds is a safe haven for fascists and right-wing extremists. Yet, Ottman has himself stated openly that he wants ideas on content moderation and ways to make Minds a better place for social network users as well as radical content creators. What a few fellow journos and I are calling #MindsShift is an important step in not only moving away from our gagged existence on Facebook but in building a social network that can serve up the real news folks are now aching for.
  • To be clear, we aren’t advocating that you delete your Facebook account – unless you want to. For many, Facebook is still an important tool and our goal is to add to the outreach toolkit, not suppress it. We have set January 1st, 2019 as the ultimate date for this #MindsShift. Several outlets with a combined reach of millions of users will be making the move – and asking their readerships/viewerships to move with them. Along with fellow journalists, I am working with Minds to brainstorm new user-friendly functions and ways to make this #MindsShift a loud and powerful move. We ask that you, the reader, add to the conversation by joining the #MindsShift and spreading the word to your friends and family. (Join Minds via this link) We have created the #MindsShift open group on Minds.com so that you can join and offer up suggestions and ideas to make this platform a new home for radical and progressive media.
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With rules repealed, what's next for net neutrality? | TheHill - 0 views

  • The battle over the Federal Communications Commission’s (FCC) repeal of net neutrality rules is entering a new phase, with opponents of the move launching efforts to preserve the Obama-era consumer protections.The net neutrality rules had required internet service providers to treat all web traffic equally. Republicans on the commission decried the regulatory structure as a gross overreach, and quickly moved to reverse them once the Trump administration came to power. The reversal of the rules was published in the Federal Register Thursday, and even though the order is months away from implementation, net neutrality supporters are now free to mount legal challenges to the action. A coalition of Democratic state attorneys general, public interest groups and internet companies have vowed to fight in the courts. Twenty-three states, led by New York and its attorney general, Eric Schneiderman (D), have already filed a lawsuit. 
  • Even if Democrats do manage to find the tie-breaking vote in the Senate, the bill is almost certain to die in the House. But Democrats see a roll call vote as an opportunity to make GOP members stake out a position on an issue that they think could resonate in the midterm elections. On yet another front, Democratic states around the country have already launched their own attack on the FCC’s rules. Five governors (from Montana, Hawaii, New Jersey, Vermont and New York) have in recent weeks signed executive orders forbidding their states from doing business with internet service providers who violate net neutrality principles. And, according to the pro-net neutrality group Free Press, legislatures in 26 states are weighing bills that would codify their own open internet protections. The local efforts could ignite a separate legal battle over whether states have the authority to counteract the FCC’s order, which included a provision preempting them from replacing the rules.
  • The emerging court battle over net neutrality could keep the issue in limbo for years.Meanwhile, a separate battle over the rules is brewing in Congress.Senate Democrats have secured enough support to force a vote on a bill that would undo the FCC’s December vote and leave the net neutrality rules in place. The bill, which is being pushed by Sen. Ed MarkeyEdward (Ed) John MarkeyRegulators seek to remove barriers to electric grid storage Markey, Paul want to know if new rules are helping opioid treatment Oil spill tax on oil companies reinstated as part of budget deal MORE (D-Mass.), would use a legislative tool called the Congressional Review Act (CRA) to roll back the FCC’s repeal of net neutrality. The entry of the FCC’s repeal order in the Federal Register Thursday means that the Senate has 60 legislative days to move on the CRA bill. Democrats have secured support from one Republican, Sen. Susan CollinsSusan Margaret CollinsOvernight Tech: Judge blocks AT&T request for DOJ communications | Facebook VP apologizes for tweets about Mueller probe | Tech wants Treasury to fight EU tax proposal Overnight Regulation: Trump to take steps to ban bump stocks | Trump eases rules on insurance sold outside of ObamaCare | FCC to officially rescind net neutrality Thursday | Obama EPA chief: Reg rollback won't stand FCC to officially rescind net neutrality rules on Thursday MORE (Maine), and need just one more to cross the aisle for the bill to pass the chamber. 
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  • For their part, Republicans who applauded the FCC repeal are calling for a legislation that would codify some net neutrality principles. They say doing so would allow for less heavy-handed protections that provide certainty to businesses.But most net neutrality supporters reject that course, at least while the repeal is tied up in court and Republicans control majorities in both the House and Senate. They argue that such a bill would amount to little more than watered-down protections that would be unable to keep internet service providers in check. For now, Democrats seem content to let the battles in the courts and Congress play out.
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Feds Claim They Can Enter a House and Demand Fingerprints to Unlock Everyone's Phones - 0 views

  • Under the Fourth Amendment, Americans are protected from unreasonable searches and seizures, but according to one group of federal prosecutors, just being in the wrong house at the wrong time is cause enough to make every single person inside provide their fingerprints and unlock their phones.Back in 2014, a Virginia Circuit Court ruled that while suspects cannot be forced to provide phone passcodes, biometric data like fingerprints doesn’t have the same constitutional protection. Since then, multiple law enforcement agencies have tried to force individual suspects to unlock their phones with their fingers, but none have claimed the sweeping authority found in a Justice Department memorandum recently uncovered by Forbes.
  • In the court document filed earlier this year, federal prosecutors in California argued that a warrant for a mass finger-unlocking was constitutionally sound even though “the government does not know ahead of time the identity of every digital device or every fingerprint (or indeed, every other piece of evidence) that it will find in the search” because “it has demonstrated probable cause that evidence may exist at the search location.” Criminal defense lawyer Marina Medvin, however, disagreed. Advertisement Advertisement “They want the ability to get a warrant on the assumption that they will learn more after they have a warrant,” Medvin told Forbes. “This would be an unbelievably audacious abuse of power if it were permitted.”Unfortunately, other documents related to the case were not publicly available, so its unclear if the search was actually executed. Even so, Medvin believes the memorandum sets a deeply troubling precedent, using older case law regarding the collection of fingerprint evidence to request complete access to the “amazing amount of information” found on a cellphone.
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The Ron Paul Institute for Peace and Prosperity : The NSA Continues to Abuse Americans ... - 0 views

  • One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of National Intelligence to regularly report on its domestic surveillance activities. On Friday, the latest report was released on just how much our own government is spying on us. The news is not good at all if you value freedom over tyranny.According to the annual report, named the Statistical Transparency Report Regarding Use of National Security Authorities, the US government intercepted and stored information from more than a half-billion of our telephone calls and text messages in 2017. That is a 300 percent increase from 2016. All of these intercepts were “legal” under the Foreign Intelligence Surveillance Act (FISA), which is ironic because FISA was enacted to curtail the Nixon-era abuse of surveillance on American citizens.Has the US government intercepted your phone calls and/or text messages? You don’t know, which is why the surveillance state is so evil. Instead of assuming your privacy is protected by the US Constitution, you must assume that the US government is listening in to your communications. The difference between these is the difference between freedom and tyranny. The ultimate triumph of totalitarian states was not to punish citizens for opposing its tyranny, but to successfully cause them to censor themselves before even expressing “subversive” thoughts.
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The Internet May Be Underwater in 15 Years - 1 views

  • When the internet goes down, life as the modern American knows it grinds to a halt. Gone are the cute kitten photos and the Facebook status updates—but also gone are the signals telling stoplights to change from green to red, and doctors’ access to online patient records. A vast web of physical infrastructure undergirds the internet connections that touch nearly every aspect of modern life. Delicate fiber optic cables, massive data transfer stations, and power stations create a patchwork of literal nuts and bolts that facilitates the flow of zeros and ones. Now, research shows that a whole lot of that infrastructure sits squarely in the path of rising seas. (See what the planet would look like if all the ice melted.) Scientists mapped out the threads and knots of internet infrastructure in the U.S. and layered that on top of maps showing future sea level rise. What they found was ominous: Within 15 years, thousands of miles of fiber optic cable—and hundreds of pieces of other key infrastructure—are likely to be swamped by the encroaching ocean. And while some of that infrastructure may be water resistant, little of it was designed to live fully underwater. “So much of the infrastructure that's been deployed is right next to the coast, so it doesn't take much more than a few inches or a foot of sea level rise for it to be underwater,” says study coauthor Paul Barford, a computer scientist at the University of Wisconsin, Madison. “It was all was deployed 20ish years ago, when no one was thinking about the fact that sea levels might come up.”
  • “This will be a big problem,” says Rae Zimmerman, an expert on urban adaptation to climate change at NYU. Large parts of internet infrastructure soon “will be underwater, unless they're moved back pretty quickly.”
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