On Sunday’s Face the Nation, Sen. Rand Paul was asked about President Trump’s accusation that President Obama ordered the NSA to wiretap his calls. The Kentucky senator expressed skepticism about the mechanics of Trump’s specific charge, saying: “I doubt that Trump was a target directly of any kind of eavesdropping.” But he then made a broader and more crucial point about how the U.S. government spies on Americans’ communications — a point that is deliberately obscured and concealed by U.S. government defenders.
Paul explained how the NSA routinely and deliberately spies on Americans’ communications — listens to their calls and reads their emails — without a judicial warrant of any kind:
The way it works is, the FISA court, through Section 702, wiretaps foreigners and then [NSA] listens to Americans. It is a backdoor search of Americans. And because they have so much data, they can tap — type Donald Trump into their vast resources of people they are tapping overseas, and they get all of his phone calls.
And so they did this to President Obama. They — 1,227 times eavesdrops on President Obama’s phone calls. Then they mask him. But here is the problem. And General Hayden said this the other day. He said even low-level employees can unmask the caller. That is probably what happened to Flynn.
They are not targeting Americans. They are targeting foreigners. But they are doing it purposefully to get to Americans.
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shared by Paul Merrell on 16 Mar 17
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Rand Paul Is Right: NSA Routinely Monitors Americans' Communications Without Warrants - 0 views
theintercept.com/...ommunications-without-warrants
surveillance state NSA spying-on-Americans Trump Obama
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Paul’s explanation is absolutely correct. That the NSA is empowered to spy on Americans’ communications without a warrant — in direct contravention of the core Fourth Amendment guarantee that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause” — is the dirty little secret of the U.S. Surveillance State. As I documented at the height of the controversy over the Snowden reporting, top government officials — including President Obama — constantly deceived (and still deceive) the public by falsely telling them that their communications cannot be monitored without a warrant. Responding to the furor created over the first set of Snowden reports about domestic spying, Obama sought to reassure Americans by telling Charlie Rose: “What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant, and seek probable cause.” The right-wing chairman of the House Intelligence Committee at the time, GOP Rep. Mike Rogers, echoed Obama, telling CNN the NSA “is not listening to Americans’ phone calls. If it did, it is illegal. It is breaking the law.” Those statements are categorically false. A key purpose of the new 2008 FISA law — which then-Senator Obama voted for during the 2008 general election after breaking his primary-race promise to filibuster it — was to legalize the once-controversial Bush/Cheney warrantless eavesdropping program, which the New York Times won a Pulitzer Prize for exposing in 2005. The crux of the Bush/Cheney controversy was that they ordered NSA to listen to Americans’ international telephone calls without warrants — which was illegal at the time — and the 2008 law purported to make that type of domestic warrantless spying legal.
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shared by Paul Merrell on 05 Feb 14
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The Ninth Circuit Holds-Correctly-That a Blogger Has the Same Defamation Protection as ... - 0 views
verdict.justia.com/...famation-protection-journalist
bloggers journalists 1st Amendment constitutional law
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On January 17, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled, as a matter of first impression, that First Amendment defamation rules apply equally to both the institutional press and individual speakers and writers, such as bloggers.
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In reaching this conclusion, the Ninth Circuit analyzed two key prior Supreme Court precedents: New York Times v. Sullivan (public official seeking damages for defamation must show “actual malice” as defined as a showing thatthe defendant published the defamatory statement with knowledge that it was false, or with reckless disregard as to whether it was false or not) and Gertz v. Robert Welch, Inc. (First Amendment requires only a negligence standard for private defamation actions). Notably, Gertz involved an institutional media defendant, and the Gertz Court invoked the need to shield “the press and broadcast media from the rigors of strict liability for defamation.” Yet neither New York Times nor Gertz, as the Ninth Circuit noted, were expressly limited to the institutional press. Moreover,a number of other Supreme Court cases have rejected such a limitation: Bartnicki v. Vopper; Cohen v. Cowles Media Co.; First National Bank of Boston v. Bellotti; and Citizens United v. Federal Election Commission.
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shared by Paul Merrell on 16 Feb 14
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Merkel, Hollande to discuss European communication network avoiding U.S. - Yahoo News - 0 views
news.yahoo.com/-avoids-135711921--sector.html
surveillance state NSA-blowback Germany France Internet-Balkanization
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Meet OX Text, a collaborative, non-destructive alternative to Google Docs - Tech News a... - 0 views
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The German software-as-a-service firm Open-Xchange, which provides apps that telcos and other service providers can bundle with their connectivity or hosting products, is adding a cloud-based office productivity toolset called OX Documents to its OX App Suite lineup. Open-Xchange has around 70 million users through its contracts with roughly 80 providers such as 1&1 Internet and Strato. Its OX App Suite takes the form of a virtual desktop of sorts, that lets users centralize their email and file storage accounts and view all sorts of documents through a unified portal. However, as of an early April release it will also include OX Text, a non-destructive, collaborative document editor that rivals Google Docs, and that has an interesting heritage of its own.
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The team that created the HTML5- and JavaScript-based OX Text includes some of the core developers behind OpenOffice, the free alternative to Microsoft Office that passed from Sun Microsystems to Oracle before morphing into LibreOffice. The German developers we’re talking about hived off the project before LibreOffice happened, and ended up getting hired by Open-Xchange. “To them it was a once in a lifetime event, because we allowed them to start from scratch,” Open-Xchange CEO Rafael Laguna told me. “We said we wanted a fresh office productivity suite that runs inside the browser. In terms of the architecture and principles for the product, we wanted to make it fully round-trip capable, meaning whatever file format we run into needs to be retained.”
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This is an extremely handy formatting and version control feature. Changes made to a document in OX Text get pushed through to Open-Xchange’s backend, where a changelog is maintained. “Power” Word features such as Smart Art or Charts, which are not necessarily supported by other productivity suites, are replaced with placeholders during editing and are there, as before, when the edited document is eventually downloaded. As the OX Text blurb says, “OX Text never damages your valuable work even if it does not understand it”.
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“[This avoids] the big disadvantage of anything other than Microsoft Office,” Laguna said. “If you use OpenOffice with a .docx file, the whole document is converted, creating artefacts, then you convert it back. That’s one of the major reasons not everyone is using OpenOffice, and the same is true for Google Apps.” OX Text will be available as an extension to OX App Suite, which also includes calendaring and other productivity tools. However, it will also come out as a standalone product under both commercial licenses – effectively support-based subscriptions for Open-Xchange’s service provider customers – and open-source licenses, namely the GNU General Public License 2 and Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License, which will allow free personal, non-commercial use. You can find a demo of App Suite, including the OX Text functionality, here, and there’s a video too:
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House Passes Cellphone Unlocking Bill While New Provision Causes Withdrawals | Bloomber... - 0 views
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On Feb. 25, the House of Representatives passed by a vote of 295-114 under suspension of the rules a bill aimed at creating a statutory right for owners of cellphones to be able to “unlock” their phones so that they can use the same phone with a different service provider.The Unlocking Consumer Choice Act (H.R. 1123), which was introduced in March by Rep. Robert W. Goodlatte (R-Va.), chairman of the House Judiciary Committee, was widely supported by members on both sides of the aisle.However, some representatives expressed objections to the current form of the legislation and even suggested that statutory protection of unlocking was no longer necessary, given that the Federal Communications Commission had in December persuaded the wireless industry to allow unlocking on a voluntary basis (241 PTD, 12/16/13).
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On the morning of the day that the vote was to take place, several representatives who had previously supported the bill, issued a letter to their colleagues urging that H.R. 1123 be defeated on the floor of the House. The letter--signed by Reps. Zoe Lofgren (D-Calif.), Anna G. Eshoo (D-Calif.), Thomas H. Massie (R-Ky.), and Jared S. Polis (D-Colo.)--objected to a provision added to the bill after its approval by the full committee in July (148 PTD, 8/1/13).The new provision would exempt from protection “bulk unlocking” of phones. This provision might have something to with concerns expressed by some members of the Judiciary Committee in last year's hearings on the bill that permitting individual consumers to unlock their phones should not extend to businesses who charge consumers to unlock their phones for them.The letter referred to statements by the Electronic Frontier Foundation and Public Knowledge, consumer groups that had both supported the bill in the past, in which they withdrew their support because of the appearance of the new provision.
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Spritz reader: Getting words into your brain faster - 1 views
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Static blocks of text like the one you’re looking at now are an antiquated and inefficient way to get words into your head. That’s the contention of Boston-based startup Spritz, which has developed a speed-reading text box that shows no more than 13 characters at a time. The Spritz box flashes words at you in quick succession so you don’t have to move your eyes around a page, and in my very quick testing it allowed me to read at more than double my usual reading pace. Spritz has teamed up with Samsung to integrate its speed reading functionality with the upcoming Galaxy S5 smartphone. The written word, after 8,000 or so years, is still an extremely effective way to get a message from one mind into the minds of others. But even with the advent of the digital age and decades of usability work, font and layout development, we’re still nowhere near optimal efficiency with it yet.
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Take this article – I’ve written it in easily digestible chunks, and we’ve presented it in nice, thin, 10 to 14 word columns that should make it easy to scan. But pay attention to what your eyes are doing while you try to read it. Chances are, even if you’re a quick reader, your eyes are jumping around all over the place. In fact, according to Boston-based startup Spritz, you spend as little as 20 percent of your reading time actually taking in the words you’re looking at, and as much as 80 percent physically moving your eyes around to find the right spot to read each word from. So, the Spritz team decided, why not eliminate that time altogether? The Spritz reader is a simple, small box that streams text at the reader, one word at a time. The words are presented in a large, very reader-friendly font, and centered around the "optimal recognition point" of each word. In fact, the box will only display a maximum of 13 characters, so larger words are broken up.
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What’s really interesting is just how quickly this system can pipe information into your brain. I did a couple of online reading speed tests and found my average reading speed for regular blocks of text is around 330-350 words per minute. But I can comfortably follow a Spritz box at up to 500 words per minute without missing much, losing concentration or feeling any kind of eye strain. In short stints I can follow 800 words per minute, and the team says it’s easy to train yourself to go faster and retain more. Try it yourself. Here’s 250 words per minute:
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Spritz claims that information retention rates on "spritzed" content are equal to or higher than that of traditional text block reading, and that some of its testers are now comfortably ingesting content at 1000 words per minute with no loss of information retention. That’s Tolstoy’s 1,440 page behemoth War and Peace dispatched in a single 10 hour sitting, if you had the concentration for it, or Stieg Larsson's Girl with a Dragon Tattoo in two and a bit hours. Spritz is also clearly developed to excel on mobile and handheld reading devices, and as such, the company has announced that Spritz will make its mobile debut on the upcoming Samsung Galaxy S5 release. Smartwatch and Google glass-type implementations are also on the radar. The mobile angle will have to be strong as there are numerous free tools for desktop browsers that can replicate a similar reading experience for free. If you’re using a Chrome browser, check out Spreed as an example. Perhaps the most significant move for Spritz will be bringing this speed reading technology to bear on your Android e-book library. Anything that can help me get through my reading backlog quicker will be most welcome!
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shared by Paul Merrell on 17 Aug 13
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Google to encrypt Cloud Storage data by default | ITworld - 0 views
www.itworld.com/...ypt-cloud-storage-data-default
surveillance state NSA Google cloud computing deceptive-advertising
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Google said Thursday it will by default encrypt data warehoused in its Cloud Storage service. The server-side encryption is now active for all new data written to Cloud Storage, and older data will be encrypted in the coming months, wrote Dave Barth, a Google product manager, in a blog post.
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The data and metadata around an object stored in Cloud Storage is encrypted with a unique key using 128-bit Advanced Encryption Standard algorithm, and the "per-object key itself is encrypted with a unique key associated with the object owner," Barth wrote. "These keys are additionally encrypted by one of a regularly rotated set of master keys," he wrote. "Of course, if you prefer to manage your own keys then you can still encrypt data yourself prior to writing it to Cloud Storage."
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A Google spokeswoman said via email the company does not provide encryption keys to any government and provides user data only in accordance with the law.
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Google paints a deceptive picture of security in a new default encryption service for customer data stored on Google Cloud Storage. See Google blog article linked from the bookmarked page. ITWorld goes part way in unmasking the deception but could have been far more blunt. The claimed fact that Google does not turn encryption keys over to the NSA, et ilk, is irrelevant if Google still decrypts the customer data upon NSA/FBI demand, which it very apparently does. But the Google blog article doesn't mention that and paints a picture seemingly intended to deceive customers into not encrypting their own data before parking it on Google Cloud Storage, thus aiding the NSA/FBI, et cet., in their surveillance efforts. Deceptive advertising is a serious legal no-no. Hopefully, Google Cloud Storage users will be perceptive enough not to be misled by Google's advertising. But it's a sign that Google managers may be getting worried about losing customers to companies operating in nations that have far stronger protection for digital privacy than the U.S.
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shared by Paul Merrell on 22 Nov 13
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Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views
thecable.foreignpolicy.com/...line_privacy_rights_everywhere
surveillance state NSA NSA-blowback UN digital-privacy human rights
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The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
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The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
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Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
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"Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
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The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
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The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
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"It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
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The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
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Supreme Court Will Hear Arguments On Section 101 Software Patent Eligibility | Bloomber... - 0 views
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shared by Paul Merrell on 08 Apr 14
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U.S. knocks plans for European communication network | Reuters - 0 views
www.reuters.com/...ications-idUSBREA331W820140404
surveillance state NSA EU EU-cloud USTR WTO digital-privacy
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The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
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Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
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U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers. Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that: "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: ... (ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
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Comcast is turning your Xfinity router into a public Wi-Fi hotspot - Dwight Silverman's... - 0 views
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Some time on Tuesday afternoon, about 50,000 Comcast Internet customers in Houston will become part of a massive public Wi-Fi hotspot network, a number that will swell to 150,000 by the end of June. Comcast will begin activating a feature in its Arris Touchstone Telephony Wireless Gateway Modems that sets up a public Wi-Fi hotspot alongside a residential Internet customer’s private home network. Other Comcast customers will be able to log in to the hotspots for free using a computer, smartphone or other mobile device. And once they log into one, they’ll be automatically logged in to others when their devices “see” them. Comcast says the hotspot – which appears as “xfinitywifi” to those searching for a Wi-Fi connection – is completely separate from the home network. Someone accessing the Net through the hotspot can’t get to the computers, printers, mobile devices, streaming boxes and more sitting on the host network. Comcast officials also say that people using the Internet via the hotspot won’t slow down Internet access on the home network. Additional capacity is allotted to handle the bandwidth. You can read more about Comcast’s reason for doing this in my report on HoustonChronicle.com.
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What’s interesting about this move is that, by default, the feature is being turned on without its subscribers’ prior consent. It’s an opt-out system – you have to take action to not participate. Comcast spokesman Michael Bybee said on Monday that notices about the hotspot feature were mailed to customers a few weeks ago, and email notifications will go out after it’s turned on. But it’s a good bet that this will take many Comcast customers by surprise. If you have one of these routers and don’t want to host a public Wi-Fi hotspot, here’s how to turn it off.
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The additional capacity for public hotspot users is provided through a separate channel on the modem called a “service flow,” according to Comcast. But the speed of the connection reflects the tier of the subscriber hosting the hotspot. For example, if you connect to a hotspot hosted by a home user with a 25-Mbps connection, it will be slower than if you connect to a host system on the 50-Mbps tier.
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Another judge upholds NSA call tracking - POLITICO.com - 0 views
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A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans. The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution. Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment. In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.
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"The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton. Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long. "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls. Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.
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A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.
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2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | ... - 0 views
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The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.
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The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.
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Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.” For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.
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Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”
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The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.Thus, the full-text search function was found to be protected as fair use.
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The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.
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How an FBI informant orchestrated the Stratfor hack - 0 views
www.dailydot.com/...hammond-sabu-fbi-stratfor-hack
computer-crime Hammand FBI Stratfor FBI-misconduct
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Sitting inside a medium-security federal prison in Kentucky, Jeremy Hammond looks defiant and frustrated. “[The FBI] could've stopped me,” he told the Daily Dot last month at the Federal Correctional Institution, Manchester. “They could've. They knew about it. They could’ve stopped dozens of sites I was breaking into.” Hammond is currently serving the remainder of a 10-year prison sentence in part for his role in one of the most high-profile cyberattacks of the early 21st century. His 2011 breach of Strategic Forecasting, Inc. (Stratfor) left tens of thousands of Americans vulnerable to identity theft and irrevocably damaged the Texas-based intelligence firm's global reputation. He was also indicted for his role in the June 2011 hack of an Arizona state law enforcement agency's computer servers.
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There's no question of his guilt: Hammond, 29, admittedly hacked into Stratfor’s network and exfiltrated an estimated 60,000 credit card numbers and associated data and millions of emails, information that was later shared with the whistleblower organization WikiLeaks and the hacker collective Anonymous. Sealed court documents obtained by the Daily Dot and Motherboard, however, reveal that the attack was instigated and orchestrated not by Hammond, but by an informant, with the full knowledge of the Federal Bureau of Investigation (FBI). In addition to directly facilitating the breach, the FBI left Stratfor and its customers—which included defense contractors, police chiefs, and National Security Agency employees—vulnerable to future attacks and fraud, and it requested knowledge of the data theft to be withheld from affected customers. This decision would ultimately allow for millions of dollars in damages.
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Own Your Own Devices You Will, Under Rep. Farenthold's YODA Bill | Bloomberg BNA - 0 views
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A bill introduced Sept. 18 would make clear that consumers actually owned the electronic devices, and any accompanying software on that device, that they purchased, according to sponsor Rep. Blake Farenthold's (R-Texas). The You Own Devices Act (H.R. 5586) would amend the Copyright Act “to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.” The bill, which is unlikely to receive attention during Congress's lame-duck legislative session, was well-received by consumer's rights groups.
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Section 109(a) of the Copyright Act, 17 U.S.C. §109(a), serves as the foundation for the first sale doctrine. H.R. 5586 would amend Section 109(a) by adding a provision covering “transfer of computer programs.” That provision would state:if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer pro gram, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement.
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‘Things' Versus SoftwareFarenthold had expressed concern during a Sept. 17 hearing on Section 1201 of the Digital Millennium Copyright Act over what he perceived was a muddling between patents and copyrights when it comes to consumer products. “Traditionally patent law has protected things and copyright law has protected artistic-type works,” he said. “But now more and more things have software in them and you are licensing that software when you purchase a thing.” Farenthold asked the witnesses if there was a way to draw a distinction in copyright “between software that is an integral part of a thing as opposed to an add-on app that you would put on your telephone.”
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H.R. 5586 seeks to draw that distinction. “YODA would simply state that if you want to sell, lease, or give away your device, the software that enables it to work is transferred along with it, and that any right you have to security and bug fixing of that software is transferred as well,” Farenthold said in a statement issued Sept. 19.
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New York City to turn phone booths into Wi-Fi hot spots | Al Jazeera America - 0 views
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New York City Mayor Bill de Blasio is fielding proposals to transform the city’s largely forgotten phone booths into Wi-Fi hot spots, an ambitious project that would create one of the largest public Wi-Fi networks in the country. The team with the winning proposal will be charged with the installation, operation and maintenance of up to 10,000 hot spots distributed across the five boroughs, according to a statement released Thursday by the mayor’s office.
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Rally your friends to support the #USAFreedomAct! - Take Action - Google - 1 views
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The House of Representatives has passed the USA Freedom Act, which represents a significant down payment on broader government surveillance reform. We need as many people as possible speaking up to make sure that the Senate says YES to the USA Freedom Act.
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Chris Dixon Explains Why He Loves Paper - Business Insider - 0 views
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Steve Jobs predicted that tablet computers would become so dominant that “PCs would become like trucks” – special-purpose industrial devices. Skeptics replied that tablets were only useful for consumption and not creation and therefore couldn’t replace PCs, to which Jobs said:
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We are just scratching the surface on the kinds of apps for the iPad…I think there are lots of kinds of content that can be created on the iPad. When I am going to write that 35-page analyst report, I am going to want my Bluetooth keyboard. That’s 1 percent of the time. The software will get more powerful. I think your vision would have to be pretty short to think these can’t grow into machines that can do more things, like editing video, graphic arts, productivity. You can imagine all of these content creation possibilities on these kind of things. Time takes care of lots of these things.
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History supports Jobs’ argument. In the past, new user interfaces led to new categories of creation applications. Back in the 70s and 80s, when computers had text-based interfaces, word processors and spreadsheets were invented. In the 80s and 90s, when computers had graphical interfaces, presentation and image editors proliferated. Jobs was simply predicting that historical patterns would repeat.
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Today we are announcing that Andreessen Horowitz is leading a $15M Series A investment in FiftyThree, a company whose goal is to build the essential suite of mobile tools for creativity. You might know FiftyThree as the company behind the iPad app Paper. Paper has been embraced by millions of everyday creators, and has won dozens of awards (including Apple’s App of the Year). It is also one of the top grossing iPad productivity apps ever. But this is only the beginning of FiftyThree’s ambitious plans.
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NSA Spying Relies on AT&T's 'Extreme Willingness to Help' - ProPublica - 0 views
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he National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed NSA documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.”
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AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013. AT&T has given the NSA access, through several methods covered under different legal rules, to billions of emails as they have flowed across its domestic networks. It provided technical assistance in carrying out a secret court order permitting the wiretapping of all Internet communications at the United Nations headquarters, a customer of AT&T. The NSA’s top-secret budget in 2013 for the AT&T partnership was more than twice that of the next-largest such program, according to the documents. The company installed surveillance equipment in at least 17 of its Internet hubs on American soil, far more than its similarly sized competitor, Verizon. And its engineers were the first to try out new surveillance technologies invented by the eavesdropping agency. One document reminds NSA officials to be polite when visiting AT&T facilities, noting: “This is a partnership, not a contractual relationship.” The documents, provided by the former agency contractor Edward Snowden, were jointly reviewed by The New York Times and ProPublica.
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It is not clear if the programs still operate in the same way today. Since the Snowden revelations set off a global debate over surveillance two years ago, some Silicon Valley technology companies have expressed anger at what they characterize as NSA intrusions and have rolled out new encryption to thwart them. The telecommunications companies have been quieter, though Verizon unsuccessfully challenged a court order for bulk phone records in 2014. At the same time, the government has been fighting in court to keep the identities of its telecom partners hidden. In a recent case, a group of AT&T customers claimed that the NSA’s tapping of the Internet violated the Fourth Amendment protection against unreasonable searches. This year, a federal judge dismissed key portions of the lawsuit after the Obama administration argued that public discussion of its telecom surveillance efforts would reveal state secrets, damaging national security.